Total Health Screening Pty Ltd & Anor v Elenor Howard & 4 Ors [2004] NSWSC 1270

New South Wales Supreme Court

CITATION : Total Health Screening Pty Ltd & Anor v Elenor Howard & 4 Ors [2004] NSWSC 1270 22 December 2004 HEARING DATE(S) : 24 December 2004 30 December 2004 31 December 2004 JUDGMENT DATE : 31 December 2004

JUDGMENT OF : Simpson J DECISION : (i) the licence agreement dated 29 November 2004 between Total Health Screening Pty Limited, Elenor Howard, William James Hamilton, Pino Fiorentino and Timothy Kinsela was validly terminated no later than 30 December 2004; (ii) plaintiffs entitled to possession of the premises at level 1, 183-193 Oxford St, Bondi Junction, NSW 2002 and to the assets identified in schedule A to the summons ; (iii) defendants forthwith to deliver up possession of the property and the assets to the second plaintiff ; (iv) grant leave to the plaintiffs to issue a writ of possession against the defendants in respect of the property and the assets ; (v) defendants to pay the plaintiff's cost of the proceedings.

CATCHWORDS : licence agreement - property and assets - summons - appointment of administrator to first plaintiff - conditions precendent of Deed - appointment of proxy by creditor company LEGISLATION CITED : Corporations Act 2001s447A Total Health Screening Pty Limited - 1st Plaintiff Natric Pty Limited - 2nd Plaintiff Elenor Howard - 1st Defendant PARTIES : Timothy Kinsela - 2nd Defendant Thea Collimore - 3rd Defendant John Rathbone - 4th Defendant Timothy Kinsella - 2nd Defendant FILE NUMBER(S) : SC 014262/04 COUNSEL : A Fernon - 1st & 2nd Plaintiffs Baker and McKenzie - 1st & 2nd Plaintiffs SOLICITORS : D Saad - 1st &2nd Defendants