Dogrow Pty Ltd v Teakdale Pty Ltd [2013] NSWSC 1380

Supreme Court New South Wales

Medium Neutral Citation: Dogrow Pty Ltd v Teakdale Pty Ltd [2013] NSWSC 1380 Hearing dates: Thursday, 22 August 2013 Decision date: 22 August 2013 Jurisdiction: Equity Division Before: White J Decision: Amended cross-claim dismissed; defendant pay the plaintiff's costs of the proceedings, including the cross-claim. Catchwords: LANDLORD AND TENANT - leases and tenancy agreements - construction and interpretation - lessee operated hotel on leased premises - whether lessor obliged to consent to lessee's application to Council for extended trading hours - appropriate material to which regard can be had in construing terms of lease - meaning of expression "proper business hours" - implied terms of co-operation and non-derogation from grant - whether implied terms ousted by clause excluding implication of terms in respect of pre-contractual promises and representations - declaration - whether application for declaration concerns purely hypothetical dispute Legislation Cited: Liquor Act 1982 Cases Cited: University of New South Wales v Moorhouse (1975) 133 CLR 1 Ainsworth v Criminal Justice Commission (1992) 175 CLR 564 Wickstead v Browne (1992) 30 NSWLR 1 CF & SP Pty Ltd v FAI General Insurance Co Limited (Bryson J, Supreme Court of New South Wales, 17 December 1998, unreported BC 9806746) Burns Philp Hardware Limited v Howard Chia Pty Ltd (1987) 8 NSWLR 642 Phoenix Commercial Enterprises Pty Ltd v City of Canada Bay Council [2010] NSWCA 64 Secured Income Real Estate (Australia) Limited v St Martins Investments Pty Ltd (1979) 144 CLR 596 Category: Principal judgment Parties: Dogrow Pty Ltd (Plaintiff) Teakdale Pty Ltd (Defendant) Representation: Counsel: J Taylor (Plaintiff) D L Warren (Defendant) Solicitors: JDK Legal (Plaintiff) File Number(s): 2013/117017