Centocinquanta Pty Limited v Demasi [2016] NSWSC 1689

Supreme Court New South Wales

Medium Neutral Citation: Centocinquanta Pty Limited v Demasi [2016] NSWSC 1689 Hearing dates: 24 November 2016 Date of orders: 28 November 2016 Decision date: 28 November 2016 Jurisdiction: Equity Before: Darke J Decision: Application for interlocutory injunctive relief refused. Catchwords: LANDLORD AND TENANT – retail and commercial tenancies legislation – alleged creation of oral retail lease – whether serious question as to whether a retail lease existed between plaintiff and registered proprietor – whether serious question as to whether a retail lease existed between plaintiff and head lessee Legislation Cited: Retail Leases Act 1994 (NSW) Cases Cited: Australian Broadcasting Corporation v O'Neill (2006) 227 CLR 57; [2006] HCA 46 Category: Procedural and other rulings Parties: Centocinquanta Pty Limited (Plaintiff) Natalina Demasi (First Defendant) 86 Dunning Avenue Pty Limited (Second Defendant) NFG Crows Nest Pty Limited (Third Defendant) JYJ Meats and Foods Limited (Fourth Defendant) Representation: Counsel: Mr M J Neil QC with Mr S O'Brien (Plaintiff) Mr E Demir (solicitor) (First Defendant) Mr M Henry SC (Second Defendant) Mr R Chia (Third Defendant) Mr N Carney (Fourth Defendant)

Solicitors: AJL Legal (Plaintiff) Shanahans Butlers Solicitors (First Defendant) Herro Solicitors (Second Defendant) Murdock Cheng Legal Practice (Third Defendant) Juris Cor Legal (Fourth Defendant) File Number(s): 2016/65910 Publication restriction: None