Dogrow Pty Ltd v Teakdale Pty Ltd [2013] NSWSC 726

Supreme Court New South Wales

Medium Neutral Citation: Dogrow Pty Ltd v Teakdale Pty Ltd [2013] NSWSC 726 Hearing dates: 23 May 2013 Decision date: 31 May 2013 Jurisdiction: Equity Division Before: Rein J Decision: Declares that upon the proper construction of the Lease in question the plaintiffs, to the exclusion of the defendant, is entitled, subject to the approval of the Independent Liquor and Gaming Authority, to sell, transfer, remove or otherwise deal with or dispose of gaming machine entitlements allocated in respect of the hotel licence. Orders the defendant to pay the plaintiff's costs on the usual basis. Catchwords: PROPERTY -whether the lease requires the lessee to maintain a minimum number of gaming machines entitlements that are held in connection with the lessee's liquor license. Legislation Cited: Gaming Machines Act 2001 (NSW) Liquor Act 2007 (NSW) Liquor Act 1982 (NSW) Cases Cited: Alliance Engineering Pty Ltd v Yarraburn Nominees Pty Ltd [2011] NSWCA 301 Franklins Pty Ltd v Metcash Trading Ltd [2009] NSWCA 407 Lagudi Holdings Pty Ltd v Horizon Pty Ltd and Ors [2009] NSWSC 240 Western Export Services Inc and Others v Jireh International Pty Ltd [2011] HCA 45 Oblift Pty Ltd v Liquor Administration Board [2006] NSWSC 1279 Category: Principal judgment Parties: First Plaintiff: Dogrow Pty Ltd Second Plaintiff: James Frederick Smithers Defendant: Teakdale Pty Ltd Representation: Counsel: Mr J.M. Ireland QC and Ms J.K. Taylor (plaintiff) Mr M.K. Meek SC (defendant) Solicitors: JDK Legal (first and second plaintiff) Solon Lawyers Pty Ltd (defendant) File Number(s): 2012/365477