Richard Pike v Mangrove District Services Pty Limited & Anor [2000] NSWSC 914

New South Wales Supreme Court

CITATION : Richard Pike v Mangrove District Services Pty Limited & Anor [2000] NSWSC 914 CURRENT JURISDICTION: Common Law Division FILE NUMBER(S) : SC 20021/99 HEARING DATE(S) : 25/07/2000, 26/07/2000, 31/07/2000, 08/08/2000 JUDGMENT DATE : 15 September 2000

Richard Pike (Plaintiff/Cross Defendant) Mangrove District Services Pty Limited PARTIES : (First Defendant) Gael Gwen MacPherson (Second Defendant/Cross Claimant) JUDGMENT OF : Bergin J at 1

COUNSEL : N. Confos - Plaintiff/Cross Defendant J. Gersten - Solicitor/Advocate for Second Defendant SOLICITORS : Otto Stichter & Associates - Plaintiff/Cross Defendant La Fontaine - Second Defendant/Cross Claimant CATCHWORDS : LEASES - Application for possession of premises. Lessee company operating brothel failure to pay rent. Lessee company deregistered pursuant to S. 601AB of the Corporations Law. Property of Company vests in ASIC. Claim in trespass against occupier of premises. Claim for relief against forfeiture. LEGISLATION CITED : Ss 601AB; 601AD; 601AE of Corporations Law. CASES CITED : Ramsden v Dyson (1866) LR 1 HL 129 DECISION : Order for possession.

IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW

BERGIN J DATE: 15 SEPTEMBER 2000

20021 OF 1999 - RICHARD PIKE V MANGROVE DISTRICT SERVICES PTY LIMITED & GAEL GWEN MACPHERSON

JUDGMENT

1 This is an application by the plaintiff for possession of premises operated as a "brothel/massage parlour" situated at and known as 49 and 51 Albion Street, Harris Park in the State of New South Wales, being more particularly described as the whole of the land comprised in Certificates of Title Folio Identifiers 101/875560 and 102/875560 (the premises). 2 The plaintiff, Richard Pike, is the registered proprietor of the premises in addition to a number of other properties. As the plaintiff is often overseas or interstate, the plaintiff's daughter, Philippa Ann Pike (Pike), apparently formerly known as Philippa Kemp (Kemp), manages some of the plaintiff's properties, including the premises, pursuant to a Power of Attorney granted to her by the plaintiff in September 1992 (the Power of Attorney).