NSW Caselaw
New South Wales Supreme Court
CITATION : Symbion Medical Centre Operations Pty Ltd v Lawton Pty Ltd [2008] NSWSC 1043
HEARING DATE(S) : 3 September 2008 JURISDICTION : Equity Division Duty List
JUDGMENT OF : Brereton J
EX TEMPORE JUDGMENT DATE : 3 September 2008
DECISION : The covenant did not impose a positive obligation to carry on business. To cease business was not to do "anything" on the premises. Declaration that notice of termination was void and order restoring plaintiff to possession.
CATCHWORDS : REAL PROPERTY – LEASES – construction – where covenant provided that the lessee shall not do anything which in the lessor's reasonable opinion may cause damage to the lessor, its tenants or other persons in or using the premises or neighbouring properties – where lessee has ceased to operate business from the premises – whether covenant imposed a positive obligation to maintain business at all times – whether ceasing to operate business was doing "anything" that may cause damage to the lessor, etc – whether lessor could reasonably form opinion that cessation of business would cause such damage – whether lessee entitled to relief against forfeiture. - INTERLOCUTORY APPLICATIONS – application by lessee for interlocutory injunctions – where question posed by application is mainly a question of law – balance of convenience – where resolution of question of law largely disposes of question for main proceeding.
CATEGORY : Principal judgment
Australian Safeway Stores Pty Ltd v Toorak Village Development Pty Ltd [1974] VR 268 D'Arcy v Burelli Investments Pty Limited (1987) 8 NSWLR 317, 320 (Young J)]. EMS Quarries Pty Limited v Beaumont [2001] NSWSC 355 Jegon v Vivian (1871) LR6ChApp 742 Jervis v Tomkinson (1856) 1 H & N 195 CASES CITED : Kinsmen v Jackson (1880) 42 LT 80 Krstic v Brindley [2006] NSWSC 1414 Moteks Pty Ltd v Matthews Pastoral Co Pty Ltd [1998] NSWCA 287 Oblift Pty Ltd v Liquor Administration Board [2006] NSWSC 1279 Tsangaris v Gaymark Investments Pty Ltd (1986) 82 FLR 269 Turvern Pty Ltd v Jemwire Pty Ltd [2008] NSWSC 420 Wheatley v Westminster Brymbo Coal Company (1869) LR 9 Eq 538
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate