NSW Caselaw
New South Wales Court of Appeal
CITATION: Vella & Anor v Wah Lai Investment (Australia) Pty Ltd [2006] NSWCA 18
HEARING DATE(S): 3 February 2006
JUDGMENT DATE: 20 February 2006
JUDGMENT OF: Mason P at 1; Bryson JA at 2; Hunt AJA at 3
DECISION: 1. The appeal is dismissed.; 2. The appellants are to pay the respondent's costs of the appeal.
CATCHWORDS: Transfer of Real Property Act lease of premises — consented to by lessee — transfer not registered — eviction for non-payment of rent — claim for damages for breach of covenant for quiet enjoyment. - Appellants' argument for equitable assignment of legal lease unnecessary to determine — whatever type of lease held by appellant subject to lessor's right to re enter on non-payment of rent. - Collateral agreement for set-off against rent — costs of repairs and other work required by local council performed by lessee — irrelevant to lessor's right to re enter on breach of covenant to pay rent — no application for relief against forfeiture — appeal dismissed.
LEGISLATION CITED: Conveyancing Act 1919 Trade Practices Act 1974
Commonwealth v Verwayen (1990) 170 CLR 394 Con-Stan Industries v Norwich Winterthur Insurance (Aust) Ltd (1986) 160 CLR 226 CASES CITED: Great Boulder Pty Gold Mines Ltd (1937) 59 CLR 641 MK & JA Roche Pty Ltd v Metro Edgley Pty Ltd [2005] NSWCA 39 Thompson v Palmer (1933) 49 CLR 507
Paul Vella - First Appellant PARTIES: Craftmill Pty Ltd - Second Appellant Wah Lai Investment (Australia) Pty Ltd - Respondent
FILE NUMBER(S): CA 40323/05
COUNSEL: RD Wilson - Appellants C Law (Sol) - Respondent
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