711 Hogben Pty Ltd v Anthony Tadros – Relief Against Forfeiture and Costs [2022] NSWSC 1653

Supreme Court New South Wales

Medium Neutral Citation: 711 Hogben Pty Ltd v Anthony Tadros – Relief Against Forfeiture and Costs [2022] NSWSC 1653 Hearing dates: 29 November 2022 Decision date: 05 December 2022 Jurisdiction: Equity - Commercial List Before: Hammerschlag CJ in Eq Decision: Relief against forfeiture Catchwords: EQUITY – LANDLORD AND TENANT – relief against forfeiture of lease – where tenants have obtained a substantial verdict for damages against the Landlord – where Landlord terminated the lease for the tenants' failure to pay rent – whether relief should be refused on the basis that the tenants will be unable to pay future rent or may reasonably be expected to be unable to do so – whether relief has utility – whether delay by tenants in obtaining an Occupation Certificate for the premises is a factor against them obtaining relief against forfeiture – HELD – relief against forfeiture should be granted – COSTS – whether tenants should be deprived of their costs because the verdict they obtained fell significantly short of what they claimed – whether the tenants should pay their costs of the application for relief against forfeiture – HELD – the tenants succeeded and costs should follow the event – the tenants should have their costs of the relief against forfeiture application because it was one part of the wider contest and the Court should not depart from the usual rule that costs relating to particular issues not be excised or dealt with separately. Legislation Cited: Conveyancing Act 1919 (NSW) Cases Cited: 711 Hogben Pty Ltd v Anthony Tadros [2022] NSWSC 1259 711 Hogben Pty Ltd v Tadros – Variation and Slip Rule Application [2022] NSWSC 1568 Norman; in the matter of Forest Enterprises Limited v FEA Plantation Limited [2011] FCAFC 99 Sneakerboy Retail Pty Ltd trading as Sneakerboy v Georges Properties Pty Ltd [2020] NSWSC 996 Category: Principal judgment Parties: George Tadros - Third Defendant/First Cross Claimant Anthony Tadros - First Defendant/Second Cross Claimant Sharon Tadros - Second Defendant/Third Cross Claimant 711 Hogben Pty Ltd ACN 157911745 - Plaintiff/ Third Cross Defendant Representation: Counsel: M W Young SC - Defendants/Cross Claimants J E Lazarus SC - Plaintiff/Third Cross Defendant