Big Money World Pty Ltd v Red Hair Entertainment Pty Ltd [2018] NSWSC 1837

Supreme Court New South Wales

Medium Neutral Citation: Big Money World Pty Ltd v Red Hair Entertainment Pty Ltd [2018] NSWSC 1837 Hearing dates: 27-28 November 2018 Date of orders: 29 November 2018 Decision date: 30 November 2018 Jurisdiction: Equity Before: Ward CJ in Eq Decision: 1. Discharge order 7 made by Lindsay J on 13 November 2018. 2. Dismiss paragraph 1 of the relief claimed in the statement of claim. 3. Judgment for possession of the newsagency premises at shop 1/15 Parnell Street, Strathfield, in favour of the first defendant. 4. Leave to issue a writ for possession forthwith. 5. The plaintiff pay the defendants' costs of the application for and hearing of the separate question for determination the subject of the order made by consent on 27 November 2018, such costs to be assessable and payable forthwith. 6. Stand matter over for directions before the Equity Registrar at 9.30am on 5 December 2018. Catchwords: LEASES AND TENANCIES – Retail Leases Act 1994 (NSW) – nature of inconsistency with terms of head lease required by s 16(5) of the Retail Leases Act – appropriate time for determination of inconsistency Legislation Cited: Australian Consumer Law, s 18 Retail Leases Act 1994 (NSW), ss 16, 41, 78 Retail Leases Amendment (Review) Act 2017 (NSW) Cases Cited: 195 Crown Street Pty Ltd v Hoare [1969] 1 NSWR 193 Conoid Pty Ltd v International Theme Park Ltd [2000] NSWCA 189; (2000) 10 BPR 18,407 Eastman v Director of Public Prosecutions (2003) 214 CLR 318; [2003] HCA 28 Hoyt's Proprietary Limited v Spencer (1919) 27 CLR 133; [1919] HCA 64 Idoport v NAB [2005] NSWSC 1273 Nelmeer Ashfield Pty Ltd v Farah [2016] NSWSC 279 Pyrmont Point Pty Ltd v Westacott (2016) 91 NSWLR 170; [2016] NSWCA 33 Tallglen Pty Ltd v Pay TV Holdings Pty Ltd (1996) 22 ACSR 130 Texts Cited: B Edgeworth, Butt's Land Law (Lawbook Co, 7th edn, 2017) Category: Procedural and other rulings Parties: Big Money World Pty Ltd (Plaintiff) Red Hair Entertainment Pty Ltd (First Defendant) Diana Song (Second Defendant) Representation: Counsel: P Berg (Plaintiff) A Ogborne (Defendants)