Doust v Riveaux Holdings Pty Ltd [2024] NSWSC 1434

Supreme Court New South Wales

Medium Neutral Citation: Doust v Riveaux Holdings Pty Ltd [2024] NSWSC 1434 Hearing dates: 6 November 2024 Date of orders: 11 November 2024 Decision date: 11 November 2024 Jurisdiction: Equity Before: Hammerschlag CJ in Eq Decision: Declare that the defendant was not entitled to terminate Licence Agreement with the plaintiff Catchwords: LEASES AND TENANCIES – LICENCE - Plaintiff sold a rural property to the defendant subject to a Licence Agreement that the plaintiff was entitled to occupy a part of the property for his lifetime for a $1 yearly fee – It was a term of the Licence Agreement that the defendant could terminate the licence if it was of the reasonable opinion that the plaintiff did not permanently reside at the property – The defendant purported to terminate the Licence Agreement – HELD that the plaintiff continues to reside permanently at the property – If the defendant did, in fact, hold an opinion otherwise, it was neither arrived at reasonably nor reasonably based on available material – The defendant was not entitled to issue a Notice of Termination under the Licence Agreement Cases Cited: BUPA HI Pty Ltd v Chang [2019] FCAFC 180 EFG Australia Ltd v Kennedy [1999] NSWSC 922 Category: Principal judgment Parties: Kenneth McGowen Doust (Plaintiff) Riveaux Holdings Pty Ltd (Defendant) Representation: Counsel: H Altan (Plaintiff) J Lo Schiavo (Defendant)

Solicitors: Kennedy & Cooke Lawyers (Plaintiff) CIF Lawyers (Defendant) File Number(s): 2024/00404032 Publication restriction: Nil