In the matter of Hengrove Hall Pty Ltd [2015] NSWSC 1632

Supreme Court New South Wales

Medium Neutral Citation: In the matter of Hengrove Hall Pty Ltd [2015] NSWSC 1632 Hearing dates: 12 October 2015 Decision date: 13 October 2015 Before: White J Decision: Refer to paras [57] and [59]-[63] of judgment. Catchwords: LANDLORD AND TENANT – licence to occupy premises – defendant took possession of premises following breaches by licensee – plaintiff seeks mandatory interlocutory injunction to be provided with 24-hour swipe card access to premises – whether seriously arguable that licence agreement remained on foot and that it entitles the licensee or the plaintiff to 24-hour swipe card access – where plaintiff delayed bringing proceedings without adequate explanation – where licensee had previously set fire alarms off due to after-hours access – held, declining to grant relief, that: (1) it is seriously arguable that a licence agreement remains on foot in a limited form, whether between the defendant and the plaintiff or between the defendant and the licensee; (2) it is not seriously arguable that the agreement requires the provision of 24-hour swipe card access; and (3) the balance of convenience lies against the grant of relief, and the plaintiff's delay is an independent reason to decline to grant relief

TRUSTS AND TRUSTEES – CORPORATIONS – shares and shareholders – registration as shareholder – shares in defendant held on trust –new trustee replaced former trustee, but former trustee remained registered as shareholder – former trustee remained party to licence agreement with defendant – whether new trustee has standing to bring proceedings – held that the new trustee does not have standing to bring proceedings in respect of the shares, or in respect of any contract between the former trustee and the defendant, and that the former trustee should be joined as a party