Kofoo Sussex Pty Ltd v Commerce Building Pty Ltd. [2014] NSWSC 1079

Supreme Court New South Wales

Medium Neutral Citation: Kofoo Sussex Pty Ltd v Commerce Building Pty Ltd. [2014] NSWSC 1079 Hearing dates: 22 July 2014, 24 July 2014, 30 - 31 July 2014 Decision date: 08 August 2014 Jurisdiction: Equity Division Before: Robb J Decision: Directions will be made to allow the parties to address the conditions that should be attached to the court's proposal to grant relief against forfeiture to the plaintiff, as discussed in pars 160 to 172 of these reasons Catchwords: LANDLORD AND TENANT - termination of the tenancy - relief against forfeiture - principles applicable where there is delay in commencing proceedings, there is doubt about whether the lessee can pay future rent, and a lease has been granted to a new lessee - exercise of discretion to grant relief against forfeiture - conditions upon which relief should be granted. Cases Cited: Bland v Ingrams Estates Ltd [2001] 2 WLR 1638 Chan v Cresdon Pty Ltd (1989) 168 CLR 242 Courtney Creche Pty Ltd v Okko's Fine Art and Custom Framing Pty Ltd (unreported, 22 June 1995) Dar-Win Pty Ltd v Tagliaferri (1986) Aust & NZ Conv Rep 875 Home Ideas Centre Sydney Pty Ltd v Alem Pty Ltd [2010] NSWSC 695 Melacare International Ltd (in rec) v Daley Investments Pty Ltd [1999] NSWSC 496; (1999) 9 BPR 17,095 Newstart 236 Pty Ltd v Chantal Holdings Pty Ltd [2000] NSWSC 1102; (2000) 10 BPR 18,515 Tannous v Cipolla Bros Holdings Pty Ltd [2001] NSWSC 236; (2001) BPR 18,563 Twinside Pty Ltd v Phoenician Nominees Pty Ltd [2008] WASC 110 Wilkinson v S & S Gikas Pty Ltd [2006] NSWSC 1314; (2006) 12 BPR 23,685 Wynsix Hotels (Oxford St) v Toomey [2004] NSWSC 236; (2004) 17 BPR 32,633 Texts Cited: Peter Butt, Land Law, (6th ed 2010, Thomson Reuters) Category: Principal judgment Parties: Kofoo Sussex Pty Ltd (plaintiff) Commerce Building Pty Ltd (first defendant) Hawker Restaurant Pty Ltd (second defendant) Representation: Counsel: B Zipser (plaintiff) D Currie (first defendant) J Lee (solicitor) (second defendant) Solicitors: Emanuel Lawyers (plaintiff) T K Legal (first defendant) Comasters Law Firm and Notary Public (second defendant) File Number(s): 2014/215831