Kyriacou v Manakis [2006] NSWSC 804

New South Wales Supreme Court

CITATION : Kyriacou v Manakis [2006] NSWSC 804

HEARING DATE(S) : 28/07/06

JUDGMENT DATE : 28 July 2006

JURISDICTION : Equity Division

JUDGMENT OF : White J

EX TEMPORE JUDGMENT DATE : 07/28/2006

DECISION : 1. Direct the legal representatives of the parties to bring in a short minute of order in accordance with these reasons; 2. Costs of this application will be costs in the proceedings.

CATCHWORDS : LANDLORD & TENANT – Termination of tenancy – Relief against forfeiture – Plaintiffs in possession of commercial premises pursuant to lease – Lease terminated for failure to pay rent – Plaintiffs excluded from premises – Whether plaintiffs entitled to interlocutory injunction in aid of relief against forfeiture – Where plaintiffs offer no undertaking to pay outstanding rent plus interest and costs - LANDLORD & TENANT – Fixtures and fittings – Plaintiffs installed various fixtures and fittings in leased commercial premises – Pursuant to lease agreement, defendants made contribution to cost of fit-out of premises – Lease agreement gave defendants right to sell or dispose of plaintiffs' property if lease terminated for failure to pay rent – Lease terminated for failure to pay rent – Plaintiffs excluded from premises – Dispute between parties as to ownership of fixtures and fittings – Defendants intend to re-let premises with existing fixtures and fittings if desired by new tenant – Whether serious question to be tried that fixtures and fittings are property of plaintiffs – Whether serious question to be tried that defendants not entitled to re-let premises with existing fixtures and fittings – Whether plaintiffs entitled to interlocutory injunctive relief restraining defendants from re-letting premises with existing fixtures and fittings – Injunctive relief granted.