PL Town Hall Pty Ltd v The Trust Company Ltd [2021] NSWSC 391

Supreme Court New South Wales

Medium Neutral Citation: PL Town Hall Pty Ltd v The Trust Company Ltd [2021] NSWSC 391 Hearing dates: 15 April 2021 Date of orders: 19 April 2021 and 21 April 2021 Decision date: 19 April 2021 Jurisdiction: Equity - Duty List Before: Slattery J Decision: Interlocutory relief granted. Parties invited to bring in short minutes of order. Costs reserved. Catchwords: LEASES AND TENANCIES – Default and termination - commercial lease of retail premises – claim for interlocutory relief to allow a corporate tenant to recover plant and equipment from premises from which it has been excluded – tenant/plaintiff defaults in the payment of rent – landlord/defendant excludes the tenant from premises – tenant commences proceedings – settlement of proceedings ending the lease but allowing the tenant to take up occupation for what would have been the remaining term of the lease – tenant defaults upon one of the terms of the settlement and the landlord excludes the tenant again – tenant commences fresh proceedings seeking the opportunity to retrieve its stock, plant and equipment from the premises – what terms of the lease relevant to vacation of the premises still apply between the parties – what is required in order for the tenant who seeks Equity to do Equity – what directions are appropriate to prepare the matter for final hearing. Legislation Cited: Retail and Other Commercial Leases (COVID-19) Regulation (No. 3) 2020 Retail Leases Act 1994 Cases Cited: Australian Broadcasting Corporation v Lenah Game Meats Pty Ltd (2001) 208 CLR 199 Australian Broadcasting Corporation v O'Neill (2006) 227 CLR 57; [2006] HCA 46 Beecham Group Limited v Bristol Laboratories Pty Limited (1968) 118 CLR 618 Beese (Managers of Kimpton Church of England Primary School) v Woodhouse [1970] 1 All ER 769 Francome v Mirror Group Newspapers Ltd [1984] 2 All ER 408 Kolback Securities Ltd v Epoch Mining (1987) 8 NSWLR 533 McCarty v Council of the Municipality of North Sydney (1918) 18 SR (NSW) 210 Texts Cited: JD Heydon, MJ Leeming and PG Turner, Meagher, Gummow & Lehane's Equity: Doctrines & Remedies (5th ed 2014, LexisNexis Butterworths) Category: Procedural rulings Parties: Plaintiff: PL Town Hall Pty Limited Defendant: The Trust Company Limited Representation: Counsel: Plaintiff: D. Allen Defendant: D. Weinberger