Makary v Hamdan; Hamdan v Makary [2019] NSWSC 460

Supreme Court New South Wales

Medium Neutral Citation: Makary v Hamdan; Hamdan v Makary [2019] NSWSC 460 Hearing dates: 8 – 9 April 2019 Date of orders: 26 April 2019 Decision date: 26 April 2019 Jurisdiction: Equity Before: Darke J Decision: Judgment for possession entered against the defendant in favour of the plaintiff. Catchwords: ESTOPPEL – equitable estoppel – proprietary estoppel – company associated with the defendant held a five year lease with an option to renew for a further five years over a property owned by the plaintiff – defendant carried out renovation works on the property – whether plaintiff had assured the defendant that a further five year lease with a five year option would be granted if renovation works to the property were undertaken – assurance held not to have been made – estoppel claim dismissed

LAND LAW – leases – claim by landlord for possession of property – defendant continued to occupy property following the termination of a lease –defendant continued to pay rent to the plaintiff whilst negotiations for a new lease were on foot – plaintiff commenced proceedings for possession of property – whether defendant occupied property under a tenancy at will or a periodic tenancy – defendant held to occupy property under tenancy at will – tenancy terminated by commencement of proceedings – judgment for possession entered against the defendant Cases Cited: Doueihi v Construction Technologies Australia Pty Ltd (2016) 92 NSWLR 247; [2016] NSWCA 105 Javad v Aqil [1991] 1 WLR 1007 Category: Principal judgment Parties: Colin Makary (First Plaintiff/Cross Defendant) Makary Investments Pty Ltd (Second Plaintiff) Bilal Hamdan (Defendant/First Cross Claimant) Gas Point Guildford Pty Ltd (Second Cross Claimant) Representation: Counsel: Mr P Wallis (Plaintiffs/Cross Defendant) Mr M Davis (Defendant/Cross Claimants)