The Trustees of the Roman Catholic Church for the Archdiocese of Sydney v TGP Architects & Planners [2005] NSWSC 381

New South Wales Supreme Court

CITATION : The Trustees of the Roman Catholic Church for the Archdiocese of Sydney v TGP Architects & Planners [2005] NSWSC 381

HEARING DATE(S) : 18-20/4/05

JUDGMENT DATE : 20 April 2005

JURISDICTION : Equity

JUDGMENT OF : Campbell J

DECISION : No agreement for lease exists. Order for possession of land made.

CATCHWORDS : CHURCHES AND RELIGIOUS ASSOCIATIONS - constitution, management and powers - procedures in Roman Catholic Church Archdiocese of Sydney for entering a commercial lease - scope of authority of parish priest concerning entering of commercial lease - CHURCHES AND RELIGIOUS ASSOCIATIONS - church property and trusts - role of the statutory corporation which holds church real estate - CONTRACTS - PARTICULAR PARTIES - principal and agent - whether solicitor engaged by Roman Catholic priest to draw up a commercial lease has actual or ostensible authority to act for the corporation which holds church real property - LANDLORD AND TENNANT - termination of the tenancy - factors relevant to time allowed before execution of order for possession

LEGISLATION CITED : Roman Catholic Church Trust Property Act 1936

CASES CITED : Magripilis v Baird [1926] QSR 89

The Trustees of the Roman Catholic Church for the Archdiocese of Sydney - Plaintiff PARTIES : TGP Architects & Planners Pty Ltd - Defendant

FILE NUMBER(S) : SC 7000/04

G Lindsay SC; G W McGrath - Plaintiff COUNSEL : S Epstein SC; M Seymour - Defendant

Corrs Chambers Westgarth - Plaintiff SOLICITORS : Baron & Associates - Defendant

LOWER COURT JURISDICTION :

IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION

CAMPBELL J