NSW Caselaw
New South Wales Supreme Court CITATION : Melacare International v Daley Investments [1999] NSWSC 496 CURRENT JURISDICTION : Equity FILE NUMBER(S) : 2015/99 HEARING DATE(S) : 13-14 May 1999 JUDGMENT DATE : 28 May 1999
PARTIES : Melacare International Ltd (In Receivership) v Daley Investments Pty Ltd JUDGMENT OF : Bryson J
COUNSEL : M. Lawson for the plaintiff. F. McAlary QC/G. McGrath for the defendant. SOLICITORS : Halliday & Stainlay for the plaintiff. Sommerville Laundry Lomax for the defendant. CATCHWORDS : LESSOR and LESSEE - relief against forfeiture - lease enabled lessor to terminate an appointment of Receiver & Manager - Debenture holder appointed Receiver & Manager, lessor terminated and lessee applied for relief - relief refused after reviewing history of relationship, lessee's financial responsibility, numerous breaches conflicts and other litigation between parties - consideration of power to grant relief where case falls outside Conveyancing Act s.129. ACTS CITED : s 133E(2), subs 129(2) of the Conveyancing Act, 1919 Pioneer Quarries (Sydney) Pty Ltd v Permanent Trustee Co of NSW Ltd (1970) 2 BPR 9562 Shiloh Spinners v Harding [1973] AC 691 at 721-725 CASES CITED : Minister for Lands & Forests v McPherson (1990) 22 NSWLR 687 at 691-693 Legione v Hateley 91983) 152 CLR 406 Rose v Spicer [1911] 2 KB 234 at 241-242 Direct Food Supplies (Vic) Pty Lted v DLV Pty Ltd (1975) VR 358 DECISION : Proceedings dismissed with costs.
20 - - - 1 - IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION
BRYSON J
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