Steel Supplies Bega v Shoveller [2014] NSWSC 1612

Supreme Court New South Wales

Medium Neutral Citation: Steel Supplies Bega v Shoveller [2014] NSWSC 1612 Hearing dates: 14/10/2014 and 3/11/2014 Decision date: 14 November 2014 Jurisdiction: Equity Division Before: McDougall J Decision: Plaintiff entitled in principle to relief under ss129, 133F of the Conveyancinig Act. Parties to put written submissions on terms of relief, form of orders and costs. Catchwords: LANDLORD AND TENANT - termination of the tenancy - provisions giving right to terminate in named circumstances - service of section 129 notice in relation to breaches of lease - alleged breaches of the lease - where alleged breaches in relation to car parking spaces - where clause in lease that lessee must comply with any conditions of consent - where car parking does not comply with conditions of development consent - where council has taken no action in relation to breach of conditions and has issued occupation certificate irrespective of development consent - where alleged breach in relation to insurance - where occupant of the premises had insurance of the kind required in place in relation to the premises for duration of occupancy - where insurance amended to name lessor as an insured - where alleged breach in relation to parting with possession or assignment of lease - where consent to sublease sought and given by lessor - where sublease effective only in equity and not at law - where sublease not formalised - whether continued breaches of the lease - whether lessor entitled to terminate lease on basis of breaches

LANDLORD AND TENANT - termination of the tenancy - application for relief against forfeiture - general principles in relation to relief against forfeiture - exercise of discretion - where breach incapable of causing loss to lessor - where breach trivial - balancing exercise - where lessor seeking to take advantage of the benefits which would accrue by forfeiture - whether to grant relief against forfeiture