Indian Taj v Gilany [2004] NSWSC 1249

New South Wales Supreme Court

CITATION : Indian Taj v Gilany [2004] NSWSC 1249 HEARING DATE(S) : 15 December 2004 JUDGMENT DATE : 16 December 2004 JURISDICTION: Equity JUDGMENT OF : Campbell J DECISION : Claims for relief dismissed

CATCHWORDS : CONVEYENCING - leases - premises governed by Retail Leases Act 1994 - consent to assignment of lease - requirements of a disclosure statement - whether lessee entitled to request lessor, under section 41(c) Retail Leases Act 1994, to supply disclosure statement when lessee already has one - what types of requirements lessor can make under section 41(a) Retail Leases Act 1994 - whether requirement for provision of two years financial accounts and tax returns of proposed assignee is a reasonable requirement - requirements of a "notice in writing ... withholding consent" within meaning of section 41(d) Retail Leases Act 1994 - whether notice saying in substance "I will not consent unless you do the following things" is a notice withholding consent - whether breaches of lease by lessee can be relied upon as ground for withholding consent - whether breaches of another lease by proposed assignee may be relied upon as grounds for withholding consent LEGISLATION CITED : Retail Leases Act 1994 CASES CITED : Indian Taj v Gilany [2004] NSWSC 1193 Secured Income Real Estate (Australia) Limited v St Martins Investments Proprietary Limited (1979) 144 CLR 596 Indian Taj Pty Limited (in Liquidation) ACN 103 803 676 - Plaintiff PARTIES : Soliman Gilany - First Defendant Brenda Mary Gilany - Second Defendant FILE NUMBER(S) : SC 4996/04 COUNSEL : CD Wood - Plaintiff DA Smallbone - Defendants SOLICITORS : Hugh & Associates - Plaintiff AAT Legal - Defendants