Mirvac Real Estate Pty Ltd (ACN 003 342 452) v Estro Concept Pty Limited (ACN 169 608 548) [2025] NSWDC 9

District Court New South Wales

Medium Neutral Citation: Mirvac Real Estate Pty Ltd (ACN 003 342 452) v Estro Concept Pty Limited (ACN 169 608 548) [2025] NSWDC 9 Hearing dates: 4 February 2025 Date of orders: 18 February 2025 Decision date: 18 February 2025 Jurisdiction: Civil Before: Cole DCJ Decision: (1) Judgment for the plaintiff against the first defendant in the sum of $221,040.66, inclusive of interest up to 4 February 2025. (2) The first defendant is to pay the plaintiff's costs of the proceedings, to be agreed or assessed. Catchwords: LEASES AND TENANCIES – Licences – failure to pay licence fee and utility charges Legislation Cited: Bankruptcy Act 1966 (Cth) Civil Procedure Act 2005 (NSW) Cases Cited: Clyne v Deputy Commissioner of Taxation (1984) 154 CLR 589 Category: Principal judgment Parties: Mirvac Real Estate Pty Ltd (ACN 003 342 452) (Plaintiff) Estro Concept Pty Ltd (ACN 169 608 548) (First Defendant) Gennaro Autore (Second Defendant) Representation: Counsel: D C Price (Plaintiff) Solicitors: Adams & Co Lawyers (Plaintiff) File Number(s): 2023/277249 Publication restriction: Nil

JUDGMENT 1. This is an action for damages for breach of a licence to occupy a shop. 2. The plaintiff, Mirvac Real Estate Pty Ltd brought proceedings against both Estro Concept Pty Ltd, the licensee ('the first defendant') and Mr Gennaro Autore, the guarantor ('the second defendant'). The action against Mr Autore is now stayed pursuant to s 58(3) of the Bankruptcy Act 1966 (Cth) because Mr Autore declared bankruptcy on 17 December 2024 (Clyne v Deputy Commissioner of Taxation (1984) 154 CLR 589). 3. At the hearing of the proceedings against the first defendant on 4 February 2024, there was no appearance on behalf of the first defendant. The plaintiff proceeded by reading an affidavit of Mr Alexander Perryman, a Portfolio Manager for Mirvac Group, dated 17 July 2024 ('the affidavit'). Exhibit AP1 to that affidavit was tendered in evidence ('the exhibit'). The plaintiff provided written submissions and a chronology.