Simmons & Parrott v Liristis Holdings Pty Ltd [2000] NSWSC 21

New South Wales Supreme Court

CITATION : Simmons & Parrott v Liristis Holdings Pty Ltd [2000] NSWSC 21 CURRENT JURISDICTION: Supreme Court FILE NUMBER(S) : SC 10122/99 HEARING DATE(S) : 3 & 4 May 1999 JUDGMENT DATE : 7 February 2000

PARTIES : John Simmons & Mark Parrott v Liristis Holdings Pty Ltd JUDGMENT OF : Smart AJ at 1

COUNSEL : P Newton (Plaintiff) M J Stevens (Defendant) SOLICITORS : KJohnson & Vaughan (Plaintiff) John Orford & Associates (Defendant) CATCHWORDS : Landlord & Tenant - Deregistration of lessee - guarantees - absence of notice even to licensee LEGISLATION CITED : Conveyancing Act 1919 Real Property Act Burnham v Carroll Musgrove Theatres Ltd & Victoria Arcade 1928 28 SR 160 at 170-17 Cole v Kelly [1920] 2 KB at 132 CASES CITED : Turner v York Motors (1951) 85 CLRR 55 Dockrill v Cavanagh 62 WN (NSW) 94 Richardson v Langridge (1811) 4 Taunt 128 at 132 DECISION : Judgment for plaintiffs

IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION

SMART AJ

Monday, 7 February 2000

10122/99: SIMMONS & PARROTT v LIRISTIS HOLDINGS PTY LTD JUDGMENT

1 HIS HONOUR: These proceedings arise out of the occupancy and use of Lot 565, Belgrave Esplanade, Sylvania Waters in which the business of mechanical repairs and car maintenance was conducted. It was called "Belgrave Automotive".

2 On 19 January 1999 Liristis Holdings Pty Ltd, the owner of the premises, entered them changed the locks and purported to exclude all others. On 21 January 1999 on the application of John Simmons and Mark Parrott the vacation judge granted, ex parte, these orders: "…. 2. That the defendant grant full and free access to the plaintiffs of the premises … until further order of the Court.