Lockrey v Historic Houses Trust of New South Wales [2012] NSWSC 654

Supreme Court New South Wales

Medium Neutral Citation: Lockrey v Historic Houses Trust of New South Wales [2012] NSWSC 654 Hearing dates: 7 June 2012 Decision date: 15 June 2012 Jurisdiction: Equity Division - Commercial List Before: Stevenson J Decision: Consent to assignment was not unreasonably withheld Catchwords: LANDLORD AND TENANT - Retail and commercial tenancies - retail lease - joint tenancy - transfer of lease - whether assignment of lease - consent to assignment from one joint tenant to the other - whether consent can be withheld Legislation Cited: Housing Act 1985 (UK) Real Property Act 1900 Retail Leases Act 1994 Cases Cited: Burton v Camden London Borough Council [2000] 2 AC 399 Indian Taj Pty Ltd (in liq) v Gilany [2004] NSWSC 1249 Shepherd v Felt & Textiles of Australia Ltd (1931) 45 CLR 359 Texts Cited: Bradbrook, Croft and Hay, Commercial Tenancy Law, 3rd ed (2009) Butt, Land Law, 6th ed (2010) Category: Principal judgment Parties: Paul Lockrey (plaintiff) Historic Houses Trust of New South Wales (first defendant) Ramy Shelhot (second defendant) Representation: Counsel: P Folino-Gallo and A Poljak (plaintiff) J Darams (first defendant) Solicitors: Sydney Law Practice (plaintiff) Eakin McCaffery Cox (first defendant) Bartier Perry (second defendant) File Number(s): SC 2012/75059 Publication restriction: Nil