Greek Macedonian Club Limited v Pan Macedonian Greek Brotherhood NSW Limited [2009] NSWSC 379

New South Wales Supreme Court

CITATION : Greek Macedonian Club Limited v Pan Macedonian Greek Brotherhood NSW Limited [2009] NSWSC 379

HEARING DATE(S) : 6 May 2009

JUDGMENT DATE : 12 May 2009

JURISDICTION : Equity Division

JUDGMENT OF : Brereton J

DECISION : Rent was agreed and accepted on basis that lessee would pay council rates, water rates and insurances (but agreement did not extend to land tax). The court can grant relief to reflect this under the liberty to apply; alternatively in the inherent jurisdiction if not pursuant to the "slip rule". (1) Order that the lease referred to in order 2 made on 16 February 2007 be in the form of Exhibit DX102, subject to the omission from clause 5 of para (a)(C) (land tax). (2) No order as to costs of the motion, to the intent that each party bear its own costs.

CATCHWORDS : PROCEDURE – Liberty to apply – where in substantive proceedings Court declared certain terms of equitable lease (including rent) and ordered execution of lease containing those terms and "such other usual and reasonable terms and conditions as may be agreed by the parties and failing agreement determined by the court", and reserved liberty to apply "in the event of any difficulty arising … in connection with the implementation of these orders including in determining the terms of the lease" – where dispute as to whether lease should contain term obliging lessee to pay outgoings – where evidence at trial shows that declared rent was agreed on basis that lessee would pay certain outgoings – whether resolution within liberty to apply – if not, whether within inherent jurisdiction or slip rule.

CATEGORY : Consequential orders

CASES CITED : Greek Macedonian Club Limited v Pan Macedonian Greek Brotherhood NSW Limited [2007] NSWSC 92 Newmont Yandal Operations Pty Limited v J Aron Corporation and the Goldman Sachs Group Inc [2007] NSWCA 195, (2007) 70 NSWLR 411