NSW Caselaw
New South Wales Supreme Court
CITATION : VI.SA. Australia Pty Limited v Tzaneros Investments Pty Limited [2009] NSWSC 531
HEARING DATE(S) : 10 June 2009 JUDGMENT OF : Gzell J
EX TEMPORE JUDGMENT DATE : 10 June 2009
DECISION : Injuction restraining landlord from calling on performance guarantee extended until further order
CATCHWORDS : LANDLORD AND TENANT - Use and Occupation - leases terminated - tenant to make good before termination - failure to do so - entry to continue making good whether a holding over constituting a tenancy from month to month - whether tenant in breach of obligation to pay rent - GUARANTEE AND INDEMNITY - The contract of guarantee - whether landlord entitled to call on performance guarantee for failure to make good and failure to pay rent - whether demand to rectify as prerequisite to call on guarantee effective - PROCEDURE - Injunctions - whether serious questions to be tried
LEGISLATION CITED : Trade Practices Act 1974 (Cth)
Clough Engineering Limited v Oil and Natural Gas Corporation Limited [2008] FCAFC 136; (2008) 249 ALR 458 CASES CITED : Wood Hall Ltd v The Pipeline Authority (1979) 141 CLR 443 Commercial Bank of Australia Limited v Amadio (1983) 151 CLR 447 Australian Competition and Consumer Commission v Samton Holdings Pty Ltd [2002] FCA 62; (2002) 117 FCR 301
PARTIES : VI.SA. Australia Pty Limited (Plaintiff) Tzaneros Investments Pty Limited (Defendant)
FILE NUMBER(S) : SC 2985/09
COUNSEL : G Sirtes SC (Plaintiff) D Pritchard SC (Defendant)
IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION
GZELL J
WEDNESDAY 10 JUNE 2009
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