Liristis Holdings P/L v Wallville P/L [2001] NSWSC 958

New South Wales Supreme Court

CITATION : Liristis Holdings P/L v Wallville P/L [2001] NSWSC 958 revised - 26/10/2001 CURRENT JURISDICTION: Equity FILE NUMBER(S) : SC 5095/01 HEARING DATE(S) : 23/10/01 JUDGMENT DATE : 23 October 2001

PARTIES : Liristis Holdings Pty Ltd (Plaintiff) Wallville Pty Ltd (Defendant) JUDGMENT OF : Santow J

COUNSEL : L J W Aitken (Plaintiff) R J Powell (Defendant) SOLICITORS : Marsdens (Plaintiff) Bowring Stone Lawyers (Defendant) CATCHWORDS : PROCEDURE - Interlocutory relief - Serious question to be tried - Effect of issue estoppel - Real property - Option - Failure to exercise in time - is relief against forfeiture available at all or in the circumstances - Interlocutory relief sought. Kim v Abbey Orchard Property Investments Pty Ltd (1981) NSW(ConvR) 55?039 CASES CITED : Leads Plus Pty Ltd v Kowho Intercontinental Pty Ltd (2000) 10 BPR 18,085 Wallville Pty Ltd v Liristis Holdings Pty Ltd (Bryson J, [2001] NSWSC 894, unreported) DECISION : Interlocutory relief denied.

IN THE SUPREME COURT OF NEW SOUTH WALES NAME OF DIVISION NAME OF LIST

SANTOW J

No. 5095/01 Liristis Holdings Pty Ltd Plaintiff Wallville Pty Ltd Defendant

Judgment ex tempore 23 October 2001 (Revised 26 October 2001)

INTRODUCTION 1 The central issue in this case is whether interlocutory relief should be granted at the suit of the Plaintiff lessee, pending a final hearing at which the Plaintiff would contend that it was entitled to relief against forfeiture. This is in circumstances where it was held to have failed to exercise an option to renew a lease. Thus Bryson J determined in Wallville Pty Ltd v Liristis Holdings Pty Ltd (Bryson J, [2001] NSWSC 894, unreported) that the necessary notice for exercise of the relevant option was not sent to the lessor by post on 25 May 2001 notwithstanding the evidence by the lessee to the contrary.