Drama Unit Pty Ltd v Fearndale Holdings Pty Ltd (Administrator Appointed) & Anor [2018] NSWSC 1895

Supreme Court New South Wales

Medium Neutral Citation: Drama Unit Pty Ltd v Fearndale Holdings Pty Ltd (Administrator Appointed) & Anor [2018] NSWSC 1895 Hearing dates: 29 – 30 November 2018 Decision date: 10 December 2018 Jurisdiction: Equity - Corporations List Before: Black J Decision: Termination of the lease by the First Defendant is ineffective on the basis that the Plaintiff had not been given a reasonable time to remedy breach of covenant under lease as required by s 129 of the Conveyancing Act 1919 (NSW). Catchwords: REAL PROPERTY – requirements of s 129 of the Conveyancing Act 1919 (NSW) – where lease required lessee to obtain all relevant development consents or approvals for specified use of land – where lessor issued notice to remedy breach of lease – where lessor issued notice of termination of lease 14 days after notice to remedy breach was issued – whether time given to remedy breach of lease was reasonable in the circumstances – whether requirements of s 129 of the Conveyancing Act have been satisfied. Legislation Cited: - Conveyancing Act 1919 (NSW) s 129 - Environmental Planning and Assessment Act 1979 (NSW) - Mining Act 1992 (NSW) Cases Cited: - Casquash Pty Ltd v NSW Squash Ltd (No 2) [2012] NSWSC 522 - Clone Pty Ltd v Players Pty Ltd [2005] SASC 281 - Electricity Generation Corporation (t/as Verve Energy) v Woodside Energy Ltd [2014] HCA 7; (2014) 306 ALR 25 - Ex Parte Dally-Watkins; Re Wilson (1955) 72 WN (NSW) 454 - Macquarie International Health Clinic Pty Ltd v Sydney South West Area Health Service [2010] NSWCA 268 - Mount Bruce Mining Pty Ltd v Wright Prospecting Pty Ltd [2015] HCA 37; (2015) 325 ALR 188 - Patrick Stevedores Operations No 2 Pty Ltd v Maritime Union of Australia [1998] HCA 30; (1998) 195 CLR 1 - Toll (FGCT) Pty Ltd v Alphapharm Pty Ltd [2004] HCA 52; (2004) 219 CLR 165 - Vanguard Financial Planners Pty Ltd v Ale [2018] NSWSC 314 Texts Cited: - ICF Spry, The Principles of Equitable Remedies (6th ed, 2001, LawBook Co) Category: Principal judgment Parties: Drama Unit Pty Ltd (Plaintiff) Fearndale Holdings Pty Ltd (Administrator Appointed) (First Defendant) Timothy Cook (Second Defendant) Representation: Counsel: D Cook SC/B Phillips (Plaintiff) S Golledge (First and Second Defendant) Solicitors: Dettmann Longworth Lawyers (Plaintiffs) William James Lawyers (First and Second Defendants) File Number(s): 2018/353117