Yeshiva Synagogue Inc v Karimbla Properties (No 10) Pty Ltd as trustee for the Harry Triguboff Foundation [2018] NSWCA 23

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Yeshiva Synagogue Inc v Karimbla Properties (No 10) Pty Ltd as trustee for the Harry Triguboff Foundation [2018] NSWCA 23 Hearing dates: 31 January 2018 Decision date: 20 February 2018 Before: McColl JA at [1]; Basten JA at [2]; Macfarlan JA at [45] Decision: (1) Grant the applicants leave to appeal from the judgment of Darke J of 10 October 2017 and orders entered on 3 November 2017.

(2) Direct that the notice of appeal filed on 1 December 2017 be treated as validly filed on that date.

(3) Dismiss the appeal.

(4) Order that the applicants pay the respondent's costs of the proceedings in this Court. Catchwords: CONTRACTS — construction and interpretation – land purchased subject to leases – purchaser entered into deeds with vendor and other parties regarding ownership and use of land – whether deeds conferred right of occupation on lessees, following termination of lease agreements

CIVIL PROCEDURE – application for leave to amend notice of appeal – parties to deeds joined at trial and notified but not served – joinder by unsuccessful applicants but not by successful cross-claimants – whether fatal to grant of relief to cross-claimant Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW), rr 6.20, 6.21, 10.14 Category: Principal judgment Parties: Yeshiva Synagogue Incorporated (First Appellant) Sydney Talmudical College Association (Second Appellant) Yosef Feldman (Third Appellant) Karimbla Properties (No 10) Pty Ltd as trustee for the Harry Triguboff Foundation (Respondent) Representation: Counsel: Mr J Cohen (Appellants) Mr S A Lawrance/Mr A R Jordan (Respondent)