Gnych & Anor v. Polish Club Limited
Case No.
S58/2015
Case Information
Lower Court Judgment
17/10/2014 Supreme Court of New South Wales (Court of Appeal) (Meagher JA, Leeming JA, Tobias AJA)
16/09/2014 Supreme Court of New South Wales (Court of Appeal) (Meagher JA, Leeming JA, Tobias AJA)
Catchwords
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.
Documents
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)