Le v Tran [2016] NSWSC 632

Supreme Court New South Wales

Medium Neutral Citation: Le v Tran [2016] NSWSC 632 Hearing dates: 24 February 2016 Date of orders: 18 May 2016 Decision date: 18 May 2016 Jurisdiction: Common Law Before: Harrison AsJ Decision: Judgment:

(1) It is adjudged that the plaintiff have possession of the property described in paragraph 1 of the statement of claim.

The Court orders that:

(2) The defendant is to pay the plaintiff the sum of $99,070.96. (3) The cross claim is dismissed. (4) The defendant is to pay the plaintiff's costs of the proceedings, including the costs of the cross claim. Catchwords: REAL PROPERTY – possession of land – failure to pay rent and option payments – notices of default and termination of rental and option agreements served – defendant has not demonstrated why agreements should be set aside – option fees, rent and mesne profits to date of judgment payable Legislation Cited: Competition and Consumer Act 2010 (Cth) Fair Trading Act 1987 (NSW) Residential Tenancies Regulation 2010 (NSW) Trade Practices Act 1974 (Cth) Cases Cited: Blomley v Ryan (1956) 99 CLR 362 Commercial Bank of Australia Ltd v Amadio [1983] HCA 14; 151 CLR 447 Lamru Pty Ltd v Kation Pty Ltd (1998) 44 NSWLR 432 Parkdale Custom Built Furniture Pty Ltd v Puxu Pty Ltd (1982) 149 CLR 191; 42 ALR 1 Category: Principal judgment Parties: Philip Le (Plaintiff) Thanh Hue Tran (Defendant) Representation: Counsel: N Allan (Plaintiff) Thanh Hue Tran (Defendant) (In person)