Darzi Group Pty Ltd v Nolde Pty Ltd (No 2) [2022] NSWSC 643

Supreme Court New South Wales

Medium Neutral Citation: Darzi Group Pty Ltd v Nolde Pty Ltd (No 2) [2022] NSWSC 643 Hearing dates: On the papers Date of orders: 23 May 2022 Decision date: 23 May 2022 Jurisdiction: Equity Before: Robb J Decision: The Court: (1) Declares that the defendant is unable to take any "prescribed action" as defined in the Retail and Other Commercial Leases (COVID-19 Regulation) 2020 against the plaintiff in respect of any shortfall in rent that the plaintiff was otherwise obliged to pay to the defendant for the months of May and June 2020. (2) Orders the defendant to pay the plaintiff's costs of this application. Catchwords: LEASES AND TENANCIES — retail leases — retail shop lease — whether to make declaration that defendant lessor unable to take "prescribed action" as defined in Retail and Other Commercial Leases (COVID-19) Regulation 2020 (NSW) against plaintiff lessee in respect of any shortfall in rent plaintiff otherwise obliged to pay to defendant for period of two months Legislation Cited: Conveyancing Act 1919 (NSW), s 129 Retail and Other Commercial Leases (COVID-19) Regulation 2020 (NSW), cll 4, 7, 8, 9 Retail Leases Act 1994 (NSW), Pt 8, s 88 Supreme Court Act 1970 (NSW), s 63 Cases Cited: Darzi Group Pty Ltd v Nolde Pty Ltd [2021] NSWSC 774 Sneakerboy Retail Pty Ltd trading as Sneakerboy v Georges Properties Pty Ltd (No 2) [2020] NSWSC 1141 Category: Consequential orders Parties: Darzi Group Pty Ltd (Plaintiff) Nolde Pty Ltd (Defendant) Representation: Counsel: WG Muddle SC & E Peden SC (Plaintiff) CD Wood SC & DW Robertson (Defendant)