I S McGeoch Pty Ltd v Sporting Shooters Association of Australia New South Wales Albury Branch Inc [2023] NSWSC 369

Supreme Court New South Wales

Medium Neutral Citation: I S McGeoch Pty Ltd v Sporting Shooters Association of Australia New South Wales Albury Branch Inc [2023] NSWSC 369 Hearing dates: 30 March 2023 Date of orders: 18 April 2023 Decision date: 18 April 2023 Jurisdiction: Common Law Before: Basten AJ Decision: (1) Declare that on or about 17 March 2021 the plaintiff terminated the lease with registered number AN436833Q in respect of the property identified in Folio Identifier 2/874280 and known as Lot 2, Gravel Pit Road, Ettamogah (the land). (2) Give judgment in favour of the plaintiff for possession of the land. (3) Grant the plaintiff leave to issue a writ of possession 30 days after the entry of these orders. (4) Order that the defendant pay the plaintiff's costs of the proceedings in this Court. Catchwords: LEASES AND TENANCIES – breach – termination – lease of land to club carrying out shooting activities –clause in the lease agreement required affiliation with specific association listed in cl 97 of the Firearms Regulation – whether change in affiliation to a different association constituted breach of the lease LEASES AND TENANCIES – breach – waiver, affirmation, election – notice of intention to terminate if breach not remedied – whether election not to require remedying of breach – whether right to terminate waived through conduct – whether acceptance of rent during notice period affirmed lease Legislation Cited: Conveyancing Act 1919 (NSW), s 170(1) Firearms Regulation 2017 (NSW), cl 97 Cases Cited: Agricultural and Rural Finance Pty Ltd v Gardiner (2008) 238 CLR 570; [2008] HCA 57 Allianz Australia Insurance Limited v Delor Vue Apartments CTS 39788 [2022] HCA 38; 97 ALJR 1 Bibby Financial Services Australia Pty Limited v Sharma [2014] NSWCA 37 Owendale Pty Ltd v Anthony (1967) 117 CLR 539; [1967] HCA 52 Category: Principal judgment Parties: I S McGeoch Pty Ltd (Plaintiff) Sporting Shooters Association of Australia New South Wales Albury Branch Inc (Defendant) Representation: Counsel: D Parish (Plaintiff) M Davis (Defendant)