Vicliz Pty Limited v FAS Timber Pty Limited [2005] NSWDC 9

New South Wales District Court

CITATION: Vicliz Pty Limited v FAS Timber Pty Limited [2005] NSWDC 9

HEARING DATE(S): 25-26 October 2005

JUDGMENT DATE: 27 October 2005

JURISDICTION: Civil

JUDGMENT OF: Rein SC DCJ

DECISION: See [37].

CATCHWORDS: Lease - Claim for rent against lessees and two guarantors - Whether there was an equitable lease, an agreement to lease or a tenancy at will, and if a tenancy at will whether the failure to give written notice led to liability for rent for more than one month following repudiation of the lease by the tenant

LEGISLATION CITED: Conveyancing Act 1919, s 127 Uniform Civil Procedure Rules 2005

Bauman v Hulton Press Limited [1952] 2 All ER 1121 Chan v Cresdon Pty Ltd (1989) 168 CLR 242 Coggan v Warwicker (1852) 3 Car and K 40; 175 ER 454 CASES CITED: Leichhardt Municipal Council v Green [2004] NSWCA 341 Progressive Mailing House Pty Ltd v Tabali Pty Ltd (1985) 157 CLR 17 Twidale v Bradley [1990] 2 Qd R 464 Walsh v Lonsdale (1882) 21 Ch D 9

Vicliz Pty Limited (Plaintiff) PARTIES: FAS Timber Pty Limited (First defendant) Mustapha Mohamad Rachid Elmir (Second Defendant) Fouad Talal Antar (Third Defendant)

FILE NUMBER(S): 4101/04

COUNSEL: Mr Slowgrove (Plaintiff) Mr Rollinson (First and Second Defendants)

Albert A Macri Partners (Plaintiff) SOLICITORS: Benjamin & Khoury (First and Second Defendants) Third defendant - No appearance

JUDGMENT

1 HIS HONOUR: These proceedings concern the lease of premises at 2/33 Heathcote Road, Moorebank, New South Wales ("the premises"), which premises are owned by the plaintiff, Vicliz Pty Limited, a company controlled by Mr Maggiotto.