Olde v Metro Surf Australia Pty Ltd [2012] NSWSC 618

Supreme Court New South Wales

Medium Neutral Citation: Olde v Metro Surf Australia Pty Ltd [2012] NSWSC 618 Hearing dates: 1 June 2012 Decision date: 01 June 2012 Jurisdiction: Equity Division - Duty List Before: Windeyer AJ Decision: Order for possession made. Catchwords: REAL PROPERTY- Torrens title- receivers appointed by mortgagee commenced proceedings for possession of land- defendants failed to remove considerable amount of heavy material from property- no appearance at trial by 1st defendant as no claim to possession asserted by it- 2nd defendant made irregular payments, but not of rent, if money available- distinction between lease and licence- defendants- interest amounted to a licence to occupy the premises.

MORTGAGES- receivers- powers, duties and liabilities- whether rights the defendants had under any agreements with the mortgagor bound the plaintiff receivers- receivers would be bound but at best a contractual licence existed which was terminable upon giving reasonable notice.

REAL PROPERTY- licences- termination- if licence terminated with notice but the time is not sufficient there is a notice of termination but a reasonable time must be fixed- consideration of reasonable time to vacate and remove all possessions from the property- defendants granted six weeks. Cases Cited: Haniotis v Dimitriou [1983] VR 495 Magar v Arab Bank Australia Limited; Bournelis v Aldi Petroleum Pty Ltd [2010] NSWSC 553 Norwich Union Life Insurance Society v Preston [1957] 2 AER 428 Category: Principal judgment Parties: Quentin James Olde (First Plaintiff) Matt John Adams (Second Plaintiff) Metro Surf Australia Pty Limited (First Defendant) Obnova Concrete Pty Limited (Second Defendant) Representation: Counsel: