Dee Vine Group Pty Ltd v Palais Reception Centre Pty Ltd [2019] NSWSC 1462

Supreme Court New South Wales

Medium Neutral Citation: Dee Vine Group Pty Ltd v Palais Reception Centre Pty Ltd [2019] NSWSC 1462 Hearing dates: 22 October 2019 Date of orders: 23 October 2019 Decision date: 23 October 2019 Jurisdiction: Equity - Real Property List Before: Kunc J Decision: Relief against forfeiture of sub-lease granted on terms Catchwords: EQUITY — Equitable remedies — Relief against forfeiture — Leases Legislation Cited: Conveyancing Act 1919 (NSW) Cases Cited: Batiste v Lenin [2002] NSWCA 316; (2002) 11 BPR 20,403 Dee-Tech Pty Ltd v Neddam Holdings Pty Ltd [2012] NSWSC 251; (2012) 16 BPR 31,089 Gill v Lewis [1956] 2 QB 1 Macquarie National Health Clinic Pty Limited v Sydney South West Area Health Service [2010] NSWCA 268; (2010) 15 BPR 28,563 Category: Principal judgment Parties: Dee Vine Group Pty Ltd ACN 616768195 (Plaintiff)

Palais Reception Centre Pty Ltd ACN 083 333 760 (Defendant) Representation: Counsel:

P D Weinberger; A Jordan (Plaintiff) M J Dawson; D F Elliott (Defendant)

Solicitors:

Gillis Delaney (Plaintiff) Diamond Conway (Defendant) File Number(s): 2019/301649 Publication restriction: No

EX TEMPORE Judgment (REVISED)

Summary 1. The Albert Palais (the "Premises") has stood in Catherine Street, Leichhardt since 1934. Originally a dance hall, it is now a "reception centre". 2. By a sub-lease dated 11 July 2017 (the "Sub-Lease") the defendant, Palais Reception Pty Ltd ("Palais") sub-lets the Premises to the plaintiff, Dee Vine Group Pty Ltd ("Dee Vine"). 3. These proceedings are an application by Dee Vine against forfeiture of the Sub-Lease based upon Dee Vine's non-payment of rent and other alleged non-monetary breaches. 4. For the reasons which follow, the Court is satisfied that relief against forfeiture should be granted, albeit on strict terms. 5. Mr D Weinberger of Counsel appeared with Mr A Jordan of Counsel for Dee Vine. Mr M Dawson of Counsel appeared with Mr D Elliott of Counsel for Palais.