Case S58/2015

Gnych & Anor v. Polish Club Limited

Case No.


Case Information

Lower Court Judgment

17/10/2014 Supreme Court of New South Wales (Court of Appeal) (Meagher JA, Leeming JA, Tobias AJA)

[2014] NSWCA 351

16/09/2014 Supreme Court of New South Wales (Court of Appeal) (Meagher JA, Leeming JA, Tobias AJA)

[2014] NSWCA 321


Real Property – Lease of the core property of a registered club – Where the respondent is a registered club under the Registered Club Act 1976 (NSW) – Where the appellant operated a restaurant from the appellant’s premises – Where a dispute arose and the respondent excluded the appellant’s from the premises – Where the respondent argued that the lease should not be upheld due to a contravention of s 92(1)(c) of the Liquor Act 2007 (NSW) which provides that a licensee must not lease or sub-lease premises except with the approval of the Authority – Whether a lease granted without approval of the Authority should be considered ipso jure void – Whether the Liquor Act excludes the principle that where a person acquires a title by way of a transaction prohibited by statute, the Court will not deprive that person of their title unless that person has to rely upon their own illegal conduct – What conditions can be imposed on the granting of relief to remedy or ameliorate a parties illegal conduct.

Short particulars


13/03/2015 Hearing (SLA, Sydney)

27/03/2015 Notice of appeal

09/04/2015 Written submissions (Appellants)

09/04/2015 Chronology (Appellants)

22/04/2015 Written submissions (Respondent)

29/04/2015 Reply

05/05/2015 Hearing (Full Court, Canberra) (Audio-visual recording)

17/06/2015 Judgment (Judgment Summary)