Polish Club Limited v Gnych (No 2) [2014] NSWCA 351

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Polish Club Limited v Gnych (No 2) [2014] NSWCA 351 Hearing dates: On the papers Decision date: 17 October 2014 Before: Meagher JA, Leeming JA, Tobias AJA Decision: 1. Revoke Orders 3 and 4 made by the Court on 16 September 2014 and in lieu thereof make the following orders: 3. Appeal allowed. 4. Set aside Declarations 1 and 2 and Orders 3, 4 and 5 made by Ball J on 30 September 2013. 4A. The proceedings be dismissed. [Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.] Catchwords: LIQUOR LAW - lease of licensed premises of a registered club - lease held to be void and unenforceable - whether licence over an adjacent area serves any good purpose in the circumstances Cases Cited: Gnych v Polish Club Limited [2013] NSWSC 1249 Polish Club Limited v Gnych [2014] NSWCA 321 Category: Consequential orders Parties: Polish Club Limited (Appellant) Jacek Gnych (First Respondent) Sylwia Gnych (Second Respondent) Representation: Counsel: P Clay SC / A Isaacs (Appellant) G Segal (Respondents) Solicitors: Strathfield Law (Appellant) Drexler & Partners (Respondents) File Number(s): 2013/316969 Decision under appeal Jurisdiction: 9111 Citation: Gnych v Polish Club Limited [2013] NSWSC 1249 (5 September 2013) Gnych v Polish Club Limited (No 2) [2013] NSWSC 1452 (30 September 2013) Date of Decision: 2013-09-30 00:00:00 Before: Ball J File Number(s): 2013/240942