Constantine v Sanders [2007] NSWSC 250

New South Wales Supreme Court

CITATION : Constantine v Sanders [2007] NSWSC 250

HEARING DATE(S) : 26, 28 February, 16, 19 March 2007

JUDGMENT DATE : 23 March 2007

JURISDICTION : Common Law Division

JUDGMENT OF : Studdert J

DECISION : (1) The orders sought in paras 1 and 2 of the plaintiff's notice of motion filed 12 February 2007 are refused. (2) On the defendant's notice of motion, order that the defendant be granted relief against forfeiture subject to the following conditions: (a) that the defendant pay to the plaintiff's solicitors within seven days the sum of $16,568.90 for unpaid rent and interest calculated up to 19 March 2007; (b) that the defendant pay the plaintiff's costs of the proceedings before me within twenty-one days of such costs being agreed, or in default of agreement within twenty-one days of their assessment and the issue of a certificate; (c) that the defendant pay the plaintiff's costs the subject of the agreement noted by the court on 11 December 2006 within twenty-one days of the determination of the amount pursuant to the procedure for their determination expressed in para 2 of that agreement.

Administrative Decisions Tribunal Act LEGISLATION CITED : Retail Leases Act Uniform Civil Procedure Rules

Billson v Residential Limited (1992) 1 AC 494 Howard v Fanshawe (1895) 2 ChD 581 Mineaplenty Pty Limited v Trek 31 Pty Limited [2006] NSWSC 1203 CASES CITED : Pioneer Quarries (Sydney) Pty Limited v Permanent Trustee Co. of New South Wales Limited (1970) 2 BPR 9562 Price v Mayman (1948) SASR 241 Shiloh Spinners Ltd v Harding (1973) AC 691 Wilkinson v S & S Gikas Pty Limited [2006] NSWSC 1314 Wynsix Hotels (Oxford St) Pty Limited v Toomey [2004] NSWSC 236