711 Hogben Pty Ltd v Anthony Tadros [2018] NSWSC 628

Supreme Court New South Wales

Medium Neutral Citation: 711 Hogben Pty Ltd v Anthony Tadros [2018] NSWSC 628 Hearing dates: 23, 24, 26 April 2018 Decision date: 10 May 2018 Jurisdiction: Equity - Commercial List Before: Hammerschlag J Decision: Decree for specific performance. Catchwords: LANDLORD AND TENANT – BUILDING AND CONSTRUCTION LAW – agreement for lease – where landlord agreed to carry out certain building work on the premises but did not do so – where binding determination by an expert found that the landlord was in breach – whether appropriate to grant a decree for specific performance requiring the landlord to do the work – claim for damages for breach of the agreement for lease representing the loss of profits from not being able to conduct child care centre business at the premises; HELD: the question of whether specific performance should be granted should be decided before all other questions in the proceedings – decree for specific performance made. Legislation Cited: Environmental Planning and Assessment Act 1979 (NSW) Uniform Civil Procedure Rules 2005 (NSW), Pt 28 Cases Cited: 711 Hogben Pty Ltd v Tadros [2016] NSWSC 1683 711 Hogben Pty Ltd v Tadros [2016] NSWSC 697 711 Hogben Pty Ltd v Tadros [2016] NSWCA 244 Category: Principal judgment Parties: George Tadros - First Cross-Claimant Anthony Tadros - Second Cross-Claimant Sharon Tadros - Third Cross-Claimant

Bill Panopoulos - First Cross-Defendant Peter Panopoulos - Second Cross-Defendant 711 Hogben Pty Ltd ACN 157911745 - Third Cross-Defendant Representation: Counsel: M. Hadley - Cross-Claimants/Defendants N. Cotman with W.R. Chan - Cross-Defendants/ Plaintiffs