Tynec Pty Ltd v Geekie [2005] NSWSC 938

New South Wales Supreme Court

CITATION : Tynec Pty Ltd v Geekie [2005] NSWSC 938

HEARING DATE(S) : 31 August 2005

JUDGMENT DATE : 16 September 2005

JURISDICTION : Equity Division

JUDGMENT OF : Windeyer J at 1

DECISION : Judgment for plaintiff. Licence found to be irrevocable during period of lease. Defendant restrained from interfering with plaintiff's rights.

CATCHWORDS : CONTRACT - agreement - terms and conditions - construction of licence agreement between tenants in common under lease - whether licence intended to be irrevocable for duration of lease period

CASES CITED : Playgoer's Co-operative Theatres Ltd v The Workers Educational Association of NSW (1955) 72 WN(NSW) 374

Tynec Pty Limited (Plaintiff) PARTIES : Andrew Geekie (Defendant)

FILE NUMBER(S) : SC 5165 of 2004

Mr A Fernon (Plaintiff) COUNSEL : No appearance (Defendant)

Jenkins & Associates (Plaintiff) SOLICITORS : Not represented (Defendant)

LOWER COURT JURISDICTION :

- 9 - IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION

WINDEYER J

FRIDAY 16 SEPTEMBER 2005

5165/04 TYNEC PTY LIMITED V ANDREW GEEKIE JUDGMENT Issue

1 These proceedings concern a dispute between the plaintiff, Tynec Pty Ltd ("Tynec") and the defendant, Mr Andrew Geekie ("Mr Geekie") over first, the nature of a licence; and second, the purported termination of that licence by the defendant. The defendant did not appear at the hearing which proceeded in his absence.

Facts

2 Tynec and Mr Geekie are tenants in common under registered lease AA137119G. Tynec is the lessee as to three fifths, and Mr Geekie is the lessee as to two fifths of the premises known as Suite 1601, Level 16, Tower 2 Westfield Shoppingtown, Bondi Junction Plaza (the "premises"). The lessor, Perpetual Trustee Company Ltd, does not play a part in these proceedings.