NSW Caselaw
New South Wales Supreme Court
CITATION : Byron Bay Retirement Villages Pty Ltd v Zandata Pty Ltd [2008] NSWSC 1123
HEARING DATE(S) : 22 and 23 October 2008
JUDGMENT DATE : 23 October 2008
JURISDICTION : Equity Division
JUDGMENT OF : Palmer J
EX TEMPORE JUDGMENT DATE : 23 October 2008
DECISION : Orders as sought by Plaintiff; Defendant's Cross Claim dismissed.
CATCHWORDS : LEASES – CONSTRUCTION – ELECTION – FORFEITURE – Lessor continued to accept rent after knowledge of breaches – breaches conferred substantial benefit on lessor – lessor had ulterior motive in wishing to terminate. - HELD: Lessor elected to affirm lease - relief against forfeiture would have been granted.
LEGISLATION CITED : Conveyancing Act 1919 (NSW) – s 129 Trade Practices Act 1974 (Cth) – s 51AC, s 52
CATEGORY : Principal judgment
- Greek Macedonian Club Limited v Pan Macedonian Greek Brotherhood NSW Ltd [2007] NSWSC 92 - Legione v Hateley (1983) 152 CLR 406 CASES CITED : - Mineaplenty Pty Ltd v Trek 31 Pty Ltd [2006] NSWSC 1203 - Owendale Pty Ltd v Anthony (1967) 117 CLR 539 - Solowave Pty Ltd v Nechi Holdings Pty Ltd [2005] NSWSC 837
PARTIES : Byron Bay Retirement Villages Pty Ltd (Plaintiff) Zandata Pty Ltd (Defendant)
FILE NUMBER(S) : SC 3307/08
COUNSEL : J.W.J. Stevenson SC, N. Kabilafkas (Plaintiff) S.D. Epstein SC, H.P.T. Bevan (Defendant)
SOLICITORS : Colin Biggers & Paisley (Plaintiff) Hosie & Partners (Defendant)
3307/08 Byron Bay Retirement Villages Pty Ltd v Zandata Pty Ltd
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