Auburn Shopping Village Pty Ltd v Nelmeer Hoteliers Pty Ltd [2017] NSWSC 1230

Supreme Court New South Wales

Medium Neutral Citation: Auburn Shopping Village Pty Ltd v Nelmeer Hoteliers Pty Ltd [2017] NSWSC 1230 Hearing dates: 15 June 2017 Date of orders: 14 September 2017 Decision date: 14 September 2017 Jurisdiction: Equity Before: Ward CJ in Eq Decision: (1) Summons dismissed with costs. (2) Declare that the cross-respondent repudiated the Deed of Sale of Poker Machine Permits dated 17 February 2017 expressly by refusing to complete the sale of the Poker Machine Permits as and from 7 April 2017 up to the filing of the cross-claimant's cross-summons unless the cross-claimant consented to the declaratory relief and orders sought in the proceedings, which repudiation was accepted by the cross-claimant by the filing of its cross-summons. (3) Declare that the Deed of Sale of Poker Machines dated 17 February 2017 has been validly terminated with effect from the date of filing of the cross-summons in these proceedings. (4) Order that the cross-respondent pay the cross-claimant's costs of the cross-summons. Catchwords: PERSONAL PROPERTY SECURITIES ACT 2009 (CTH) – Whether registration in respect of statutory licences amounted to an encumbrance

CONTRACT – Terms – Whether express or implied term obliged vendor to convey statutory licences free of encumbrances

ESTOPPEL– Estoppel by representation and estoppel by convention – Whether vendor estopped from denying existence of term obliging it to convey statutory licences free of encumbrances – Equitable estoppels – Whether vendor made clear and unequivocal assurances on which purchaser relied to its detriment