NSW Caselaw
New South Wales Supreme Court
CITATION : Geltch v MacDonald & anor [2007] NSWSC 1000 This decision has been amended. Please see the end of the judgment for a list of the amendments.
HEARING DATE(S) : 27-28 August 2007
JUDGMENT DATE : 6 September 2007
JURISDICTION : Equity Division
JUDGMENT OF : Brereton J
DECISION : Lease prohibits lessees from alienating poker machine entitlements. Declaration that partnership is dissolved; statement of claim otherwise dismissed.
CATCHWORDS : PARTNERSHIP – rights and duties of partners inter se – where one partner is also lessor of partnership premises – where separate interest of partner as lessor conflicts with interests of partnership – whether fiduciary duty as partner prevents exercise of rights as lessor – LIQUOR AND GAMING – poker machine entitlements – whether lease prohibits lessee from alienating poker machine entitlements – whether court can order person having financial interest in license who is bound by contract or in equity to do so to "support" a transfer – EQUITY – unclean hands – whether doctrine attracted by a mere breach of contract
(NSW) Liquor and Registered Clubs Legislation Further Amendment Act 1996 (NSW) Liquor Act 1982 LEGISLATION CITED : (NSW) Local Government (Theatres and Public Halls) Amendment Act 1989 (NSW) Local Government Act 1919 (NSW) Gaming Machines Act 2001 (UK) Agricultural Holdings Act (1948)
Bevan v Webb [1905] 1 Ch 620 Brenner v Rose [1973] 2 All ER 535 Chan v Zacharia (1984) 154 CLR 178 Concrete Pty Ltd v Parramatta Design & Developments Pty Ltd [2006] HCA 55; (2006) 81 ALJR 352 Jabetin Pty Limited v Liquor Administration Board (2005) 63 NSWLR 602 Keech v Sandford (1726) 25 ER 223 Longton v Wilsby (1897) 76 LT 770 CASES CITED : Masters v Garcia (2005) 65 NSWLR 92 Metlej v Kavanagh [1981] 2 NSWLR 339 Meyers v Casey (1913) 17 CLR 90 Protheroe v Protheroe [1968] 1 WLR 519; 1 All ER 1111 Randall v Russell (1817) 36 ER 73; 3 Mer 190 Sykes v Land (1984) 271 EG 1264; [1984] 2 EGLR 8 Thompson's Trustee in Bankruptcy v Heaton [1974] 1 WLR 605; 1 All ER 1239 Wonall Pty Limited v Clarence Property Corporation Limited (2003) 58 NSWLR 23
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