Indian Taj v Gilany [2004] NSWSC 1193

New South Wales Supreme Court

CITATION : Indian Taj v Gilany [2004] NSWSC 1193 HEARING DATE(S) : 8/12/04 JUDGMENT DATE : 10 December 2004

JUDGMENT OF : Gzell J DECISION : Declaration that lease was valid, subsisting and enforceable. Defendants to pay the plaintiff's costs.

CATCHWORDS : LANDLORD AND TENANT - Termination of the Tenancy - Lease registered under Real Property Act 1900 - Notice of surrender signed by one director of corporate tenant the day before its winding up for irreconcilable differences between directors - Whether it and notice of termination issued by landlord on same day together constituted a surrender under the Real Property Act 1900, s 54(1) - Whether there was a surrender by operation of law - Whether other director's actions constituted ratification by company - Whether landlord entitled to terminate for breach of "essential" term to open restaurant during business hours - Whether landlord bound to give 14 days' notice of breach of lease - Whether company repudiated the lease Retail Leases Act 1994 LEGISLATION CITED : Corporations Act 2001 (Cth) Real Property Act 1900 Conveyancing Act 1919 Northside Developments Pty Ltd v Registrar-General (1989-1990) 170 CLR 146 Pacific Carriers Ltd v BNP Paribas [2004] HCA 35 CASES CITED : Zorbas v McNamara (1962) SR (NSW) 159 Gorman v Pye (1951) 68 WN (NSW) 180 Land Law, 4th ed, Lawbook Co, Sydney Indian Taj Pty Ltd (in liq) ACN 103 803 676 - Plaintiff PARTIES : Soliman Gilany - 1st Defendant Brenda Mary Gilany - 2nd Defendant FILE NUMBER(S) : SC 4996/04 COUNSEL : Mr C Wood - Plaintiff Mr D Smallbone - Defendants SOLICITORS : Hugh & Associates Lawyers AAT Legal Solicitors