Nathan Elali v Carl Frederik Reinhold Mahrs & Anor (No. 2) [2013] NSWSC 1976

Supreme Court New South Wales

Medium Neutral Citation: Nathan Elali v Carl Frederik Reinhold Mahrs & Anor (No. 2) [2013] NSWSC 1976 Hearing dates: 19 December 2013 Decision date: 19 December 2013 Jurisdiction: Equity Division Before: Slattery J Decision: Summons dismissed. Order the plaintiff to pay the defendant's costs of these proceedings other than the costs specifically referrable only to the conduct of the strike out application on Friday, 13 December 2013. Catchwords: ESTOPPEL - residential tenancy agreement between plaintiff and defendants for 12 months duration - plaintiff tenant alleged that defendants were estopped from terminating lease after 12 months - whether defendants' real estate agent made representations to plaintiff that lease would continue for more than 12 months - no question of principle. Legislation Cited: Civil Procedure Act 2005, s 98 Uniform Civil Procedure Rules 2005, r 13.4 Cases Cited: Austotel Pty Limited v Franklins Self-Serve Pty Limited (1989) 16 NSWLR 582 Delaforce v Simpson-Cook (2010) 78 NSWLR 483 Nathan Elali (a bankrupt) v Mahrs and Anor [2013] NSWSC 1883 Waltons Stores (Interstate) Ltd v Maher & Anor (1988) 164 CLR 387 Category: Principal judgment Parties: Plaintiff:- Nathan Elali (a bankrupt) First Defendant: Carl Frederik Reinhold Mahrs Second Defendant:- Melinda Mahrs Representation: Counsel: Plaintiff- J.D. Smith First & Second Defendant- B. Oliak Solicitors: Plaintiff- D. Massey First & Second Defendant- M. Smith Brander Smith McKnight File Number(s): 2013/302179 Publication restriction: No