Yeshiva Synagogue Incorporated 9893834 v Karimbla Properties (No 10) Pty Ltd [2017] NSWSC 1368

Supreme Court New South Wales

Medium Neutral Citation: Yeshiva Synagogue Incorporated 9893834 v Karimbla Properties (No 10) Pty Ltd [2017] NSWSC 1368 Hearing dates: 13 September 2017 Date of orders: 10 October 2017 Decision date: 10 October 2017 Jurisdiction: Equity Before: Darke J Decision: Rights of possession or occupation asserted by plaintiffs not established. Catchwords: CONTRACTS – construction and interpretation – general principles of construction – defendant purchased land subject to plaintiffs' leases as part of series of transactions – parties entered into deeds at time of purchase – whether deeds provide for right of possession or occupation in plaintiffs after termination of leases – no right of possession or occupation

LEASES AND TENANCIES – licences – defendant purchased land subject to plaintiffs' leases as part of series of transactions – parties entered into deeds at time of purchases – whether deeds provide for right of possession or occupation in plaintiffs after termination of leases – no right of possession or occupation Cases Cited: Brambles Holdings Ltd v Bathurst City Council (2001) 53 NSWLR 153; [2001] NSWCA 61 Cushman & Wakefield (NSW) Pty Ltd v Farrell [2017] NSWCA 24 Electricity Generation Corporation v Woodside Energy Ltd (2014) 251 CLR 640; [2014] HCA 7 Morton v Elgin-Stuczynski (2008) 19 VR 294; [2008] VSCA 25 Mount Bruce Mining Pty Ltd v Wright Prospecting Pty Ltd (2015) 256 CLR 104; [2015] HCA 37 Pacific Carriers Ltd v BNP Paribas (2004) 218 CLR 451; [2004] HCA 35 Category: Principal judgment Parties: Yeshiva Synagogue Incorporated 9893834 (First Plaintiff/First Cross-Claimant to Second Cross-Claim/First Cross-Defendant) Sydney Talmudical College Association (Second Plaintiff/Second Cross-Claimant to Second Cross-Claim/Second Cross-Defendant) Rabbi Yosef Feldman (Third Cross-Claimant to Second Cross-Claim) Karimbla Properties (No 10) Pty Ltd (Defendant/First Cross-Claimant) Representation: Counsel: Mr P S Braham SC with Ms J E Taylor (Plaintiffs/Second Cross-Claimants) Mr S A Lawrance with Mr AR Jordan (Defendant/First Cross-Claimant)