Donalds on Danks Pty Ltd v Alio Pty Ltd [2014] NSWSC 753

Supreme Court New South Wales

Medium Neutral Citation: Donalds on Danks Pty Ltd v Alio Pty Ltd [2014] NSWSC 753 Hearing dates: 25 & 26 March 2014 Decision date: 13 June 2014 Jurisdiction: Equity Division Before: Slattery J Decision: See paragraph 108. Catchwords: CONTRACT - contract for sale of restaurant business on leased premises - vendor lets purchaser into leased premises between sale contract and completion - purchaser commences fit-out works without lessor's permission and before assignment of the lease from vendor to purchaser - lessor terminates vendor's lease - sale contract terminated - purchaser seeks return of deposit - vendor seeks damages for loss of a bargain - whether vendor authorised the renovation works - whether the vendor or the purchaser was responsible for the lessor's termination of the lease. Legislation Cited: Conveyancing Act 1919, s 55(2A) Cases Cited: Jones v Dunkel & Anor [1959] 101 CLR 298 Maitland Mayne Colliers Pty Ltd v Xstrata Mt Owen Pty Ltd [2006] NSWSC 1235 Roxborough & Ors v Rothmans of Pall Mall Australia Ltd (2001) 185 ALR 335 Stirling v Maitland & Boyd (1864) 122 ER 1043 Category: Principal judgment Parties: Plaintiff: Donalds on Danks Pty Ltd First Defendant: Alio Pty Ltd (in liq) & Anr Second Defendant: Phillip Beazley Representation: Counsel: Plaintiff: C.P. O'Neill First Defendant: M. Pesman SC Second Defendant: submitting appearance Solicitors: Plaintiff: Malcolm Serman, Serman & Associates First Defendant: Phillip Beazley, Beazley Singleton Lawyers Second Defendant: submitting appearance File Number(s): 2013/291252 Publication restriction: No