Howard v 185 Elizabeth Street [2006] NSWSC 614

New South Wales Supreme Court

CITATION : Howard v 185 Elizabeth Street [2006] NSWSC 614

HEARING DATE(S) : 23/05/06

JUDGMENT DATE : 23 May 2006

JURISDICTION : Equity Division

JUDGMENT OF : White J

EX TEMPORE JUDGMENT DATE : 05/23/2006

DECISION : See paras 30-32 of judgment.

CATCHWORDS : LANDLORD & TENANT – Plaintiffs and defendant commenced negotiations for creation of lease agreement – Defendant forwarded leasing proposal to plaintiffs – First plaintiff made alterations to leasing proposal – Leasing proposal allegedly returned to defendant – Leasing proposal expressed not to create binding legal relations – No memorandum or note indicating defendant's acceptance of altered leasing proposal – Section 54A Conveyancing Act 1919 (NSW) considered – Whether serious question to be tried that parties created binding lease agreement - LANDLORD & TENANT – Leases and licences – Defendant entered into lease agreement with third party in relation to commercial premises – Third party gave licence to plaintiffs to occupy premises – Plaintiffs allegedly in arrears – Third party sent plaintiffs notice of termination of licence agreement – Defendants subsequently terminated lease agreement with third party – Whether serious question to be tried that plaintiffs entitled to possession of premises pursuant to licence agreement or otherwise.

LEGISLATION CITED : Conveyancing Act 1919 (NSW)

Eleanor Howard & Anor PARTIES : v 185 Elizabeth Street Pty Ltd

FILE NUMBER(S) : SC 2721/06

COUNSEL : Plaintiff: M Dicker Defendant: In person

SOLICITORS : Plaintiff: Sparke Helmore Lawyers Defendant: N/A