Tsaprazis & Ors. v. Goldcrest Properties Pty. Ltd. & Ors. [2000] NSWSC 765

Reported Decision : (2000) NSW ConvR 55-953

New South Wales Supreme Court

CITATION : Tsaprazis & Ors. v. Goldcrest Properties Pty. Ltd. & Ors. [2000] NSWSC 765 CURRENT JURISDICTION: Equity FILE NUMBER(S) : SC 3353/99 HEARING DATE(S) : 26th and 27th July 2000 JUDGMENT DATE : 27 July 2000

Greg Tsaprazis - 1st plaintiff Liam Tsaprazis - 2nd plaintiff PARTIES : Sophia Tasovac - 3rd Plaintiff Goldcrest Properties Pty. Limited - 1st defendant Dernu Pty. Limited - 2nd defendant Robert Micola - 3rd defendant JUDGMENT OF : Hodgson CJinEq at 1

COUNSEL : Mr. M.S. Jacobs QC with Mr. S. Jacobs for plaintiffs Mr. I. Sanderson for 1st defendant SOLICITORS : Gibara & Soubris, Marrickville Sullivans, Solicitors, Sydney CATCHWORDS : PRACTICE - Costs - Proceedings terminated because supervening event rendered them moot - Costs awarded to plaintiffs on basis that defendant acted unreasonably and plaintiff almost certain to succeed. - LANDLORD AND TENANT - Termination of the tenancy - Notice by landlord where landlord forms opinion that repair of damage impractical or undesirable - Not authorised where opinion based on the economics of dealing with the problems of building generally, including design faults South East Queensland Electricity Board v. Australian Telecommunications Commission, unreported, Pincus J, 10/2/89 ASC v. Aust-Home Investments (1993) 44 FCR 194 Re Minister for Immigration & Ethnic Affairs, Ex parte Lai Qin (1997) 186 CLR 622 CASES CITED : One-Tel Ltd. v. DCT 171 ALR 227 McIntosh v. Dylcot Pty. Ltd. (1999) NSWSC 230 Alghussein Establishment v. Eton College (1998) WLR 589 TCN Channel 9 v. Hayden Enterprises Pty. Ltd (1989) 16 NSWLR 130. DECISION : See pars.59, 60 and 61 of judgment