NSW Caselaw
New South Wales Supreme Court
CITATION : Educational and Computing Software Pty Ltd v Kumar [2008] NSWSC 66
HEARING DATE(S) : 4 February 2008
JUDGMENT DATE : 7 February 2008
JUDGMENT OF : Harrison J
1. Dismiss the amended statement of claim with costs. DECISION : 2. Declare that the cross defendant is indebted to the cross claimant in the sum of $312,700.07. 3. Order the cross defendant to pay the cross claimant's costs.
CATCHWORDS : LICENCE TO OCCUPY PREMISES – claim for possession of premises – defence based on Residential Tenancies Act s 71 – meaning of "residential tenancy agreement" – where licensee let into possession in exchange for agreement to forebear to sue licensor for moneys alleged to be owing to her – whether forebearance to sue within expression "for value" in definition – proceedings dismissed
Limitation Act 1969 LEGISLATION CITED : Property (Relationships) Act 1984 Residential Tenancies Act 1987 Uniform Civil Procedure Rules 2005
CATEGORY : Principal judgment
Ashmore v British Coal Corp [1990] 2 QB 338 Commonwealth v Verwayen (1990) 170 CLR 394 CASES CITED : Maryska v Mason [2007] NSWSC 1222 Port of Melbourne Authority v Anshun Pty Ltd (1981) 147 CLR 589 Yat Tung Investment Co Ltd v Dao Heng Bank Ltd [1975] AC 581 at 590
PARTIES : Educational and Computing Software Pty Ltd (Plaintiff/Cross Defendant) Pam Kumar (Defendant/Cross Claimant)
FILE NUMBER(S) : SC 13399 of 2006
COUNSEL : M Broun QC (Plaintiff/Cross Defendant) A Canceri (Defendant/Cross Claimant)
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