Wilkinson v S & S Gikas Pty Ltd [2006] NSWSC 1314

New South Wales Supreme Court

CITATION : Wilkinson v S & S Gikas Pty Ltd [2006] NSWSC 1314

HEARING DATE(S) : 29 November 2006

JUDGMENT DATE : 29 November 2006

JURISDICTION : Equity

JUDGMENT OF : Campbell J

EX TEMPORE JUDGMENT DATE : 11/29/2006

DECISION : Relief against forfeiture granted, subject to conditions.

CATCHWORDS : LANDLORD AND TENANT – termination of the tenancy – relief against forfeiture – terms on which granted – whether, in addition to payment of arrears of rental, and payment of legal expenses and costs of re-entry, costs of posting security guard outside premises ought be a condition of relief against forfeiture – whether payment of costs of proceedings ought be a precondition of relief against forfeiture – EQUITY – equitable remedies – principles by reference to which granted – relief against forfeiture – appropriate preconditions for grant of relief against forfeiture

LEGISLATION CITED : Retail Leases Act 1994

Direct Food Supplies Victoria Pty Ltd v DLV Pty Ltd [1975] VR 358 CASES CITED : Pioneer Quarries (Sydney) Pty Ltd v Permanent Trustee Co of New South Wales Limited (1970) 2 BPR 9562 Tannous v Cipolla Bros Holdings Pty Ltd [2001] NSWSC 236

John Paul Wilkinson - First Plaintiff PARTIES : Karen Therese Wilkinson - Second Plaintiff S & S Gikas Pty Limited - Defendant

FILE NUMBER(S) : SC 5939/06

COUNSEL : P Cullen - Plaintiffs G P McNally - Defendant

SOLICITORS : Slattery Jurd & Company - Plaintiffs Colin Daley Quinn - Defendant

IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION DUTY JUDGE LIST