NSW Caselaw
New South Wales Supreme Court
CITATION : Paul Joseph Garcia v Raymond Henry Masters & Ors [2005] NSWSC 480
HEARING DATE(S) : 19/5/05
JUDGMENT DATE : 23 May 2005
JURISDICTION : Equity Division
JUDGMENT OF : Einstein J
DECISION : Declarations and Orders made-see post paragraph 106
CATCHWORDS : Property Law - Equity - Licensing - Liquor Administration Board- Rights to Poker machine entitlements regulated by Gaming Machines Act 2001 - Equitable/beneficial interests in poker machine entitlements - Whether outgoing lessee/licensee can bind incoming lessee/licensee in relation to poker machine entitlements - Former lessee, business operator and holder of hotelier's licence surrenders lease and contracts to sell hotel business to new lessee/transferee of hotelier's licence - Complex of contractual provisions between former lessee and new lessee whereunder former lessee seeks to preserve alleged title to property rights in respect of poker machine entitlements - Lessors protect themselves with complex of contractual provisions between themselves and new lessee - Former lessee seeks relief against lessors and against new lessee who still holds hotelier's licence - Former lessee claims that new lessee is constructive trustee of poker machine entitlements for benefit of former lessee - Former lessee also claims relief in contract - Former lessee seeks to sell poker machine entitlements to outside third-party holder of hotelier's licences - Claim to orders that new lessee obliged to deal with poker machine entitlements to direction of former lessee by making application to Liquor Administration Board for transfer of entitlements to purchaser of entitlements from former lessee - Claims of former lessee upheld in very urgent circumstances
Gaming Machines Act 2001 (NSW) LEGISLATION CITED : Liquor Act, 1982 (NSW) Liquor and Registered Clubs Legislation (Further Amendment) Act 1996
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