NSW Caselaw
New South Wales Supreme Court
CITATION : Harrem Pty Ltd v Tebb & Anor [2007] NSWSC 18
HEARING DATE(S) : 5 January 2007 JURISDICTION : Equity Division
JUDGMENT OF : Adams J at 1
EX TEMPORE JUDGMENT DATE : 5 January 2007
DECISION : 1. I declare that the cross-claimants are entitled to vacant possession of the land, being lot caveat number AC746438 registered on folio identifier 31/246838 known as 31-41 Airds Road, Minto; 2. I order and grant an injunction requiring the cross-defendant to vacate and deliver up vacant possession of the premises no later than 27 January 2007; 3. I order that the solicitors for the cross-defendant deliver to the solicitors for the cross-claimants by 1 pm, 8 January 2007 a duly executed withdrawal in registrable form of the caveat number AC746438 registered on 31/246838. In default of which I order removal of the caveat under section 74 MA2 of the Real Property Act 1900; 4. In respect of the amended statement of claim, the claim for an order for specific performance is dismissed; 5. The declaration that the plaintiff is entitled to a formal lease is refused; 6. The claim for equitable compensation is dismissed; 7. The balance of the relief claimed in the amended statement of claim and the cross-claim is stood over to the registrar in equity's list on Monday 8 February 2007 at 9.30 am; 8. In respect of the statement of claim the plaintiff is to pay the defendant's costs; 9. In respect of the cross-claim and cross summons the plaintiff is to pay the defendant's costs; 10. I give liberty to apply on three days' notice to both parties; 11. Exhibit 3 returned to the defendant, requiring a substitute of a photocopy.
CATCHWORDS : Equitable lease - negotiations for lease - apparent but not actual agreement on rent and area - whether lease created - refusal to pay "agreed" rent - invitation to lessor to obtain new lessee or sell property - lessor contracts to sell with vacant possession - notice to vacate whether lessee entitled to remain in possession
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