NSW Caselaw
New South Wales Supreme Court
CITATION : Evans v Turner [2005] NSWSC 624
HEARING DATE(S) : 20 and 21 June 2005
JUDGMENT DATE : 28 June 2005
JURISDICTION : Equity Division
JUDGMENT OF : Burchett AJ at 1
DECISION : Lessees' claim to relief dismissed with costs
CATCHWORDS : PROPERTY LAW - EQUITY - poker machine entitlements under Gaming Machines Act - rights of lessor and lessee under hotel lease - requirement of approval of Liquor Administration Board to transfer of entitlement - opinion of Board as to financial interest in hotelier's licence - effect of provision for additional rent related to liquor purchases - whether lessors were in breach of implied term of lease or trust obligation in refusing to support transfer of entitlements
Gaming Machines Act 2001 Liquor Act 1982 LEGISLATION CITED : Liquor and Registered Clubs Legislation (Further Amendment) Act 1996 Liquor Regulation 1996
Barnes v Addy (1874) 9 Ch. App 244 Bathurst City Council v PWC Properties Pty Limited (1998) 195 CLR 566 Baumgartner v Baumgartner (1987) 164 CLR 137 CASES CITED : Garcia v Masters [2005] NSWSC 480 Jabetin Pty Ltd v Benwine Pty Ltd [2005] NSWCA 92 Muschinski v Dodds (1985) 160 CLR 583
James Bernard Evans (First Plaintiff) Cherie Joy Evans (Second Plaintiff) PARTIES : Phillip James Turner (First Defendant) Mary Elizabeth Turner (Second Defendant)
FILE NUMBER(S) : SC 4161 of 2003
Mr J J Garnsey QC with him Mr D J Hand (Plaintiffs) COUNSEL : Mr J M Ireland QC with Mr J Darvall (Defendants)
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