Clone Pty Ltd v Players Pty Ltd & Ors (N0 2)

Clone Pty Ltd sought relief from forfeiture against Players Pty Ltd, the current tenants of a property, and the receivers of the property, on the basis that the tenants had breached the lease by failing to maintain the property in good repair. The dispute came before the court, which had to determine whether the tenants' breaches were sufficiently serious to warrant forfeiture of the lease and whether the landlords had properly served a notice of forfeiture before entering the premises to remediate the breaches. The tenants argued that the landlords' entry was unlawful because they had not provided the requisite notice before entering the premises.

The court examined the lease agreement and relevant case law to determine the requirements for a valid notice of forfeiture and whether the breaches were sufficiently serious to warrant forfeiture. The court held that the landlords had properly served a notice of forfeiture and that the tenants' breaches, which included failing to maintain the property in good repair, were sufficiently serious to warrant forfeiture. The court also found that the landlords had the right to enter the premises to remediate the breaches, even if this resulted in some damage to the property.

As a result of the court's decision, the tenants were not granted relief from forfeiture and the landlords were entitled to retain possession of the property. The court emphasised the importance of landlords ensuring that their notices of forfeiture are properly served and that tenants are aware of their obligations under the lease agreement. The court also highlighted the seriousness of breaches relating to maintenance and repair, which can justify termination of the lease and forfeiture of the tenancy.

The court ordered that the tenants vacate the property and that the landlords were entitled to retain possession. The court also ordered that the tenants pay the landlords' costs of the proceedings.