Cologrant Pty Ltd v JDA Milperra Pty Limited

Cologrant Pty Ltd (Cologrant) sued JDA Milperra Pty Limited (JDA) in the Federal Circuit Court over leases of gaming machine entitlements. Cologrant sought specific performance of the leases, which were intended to be transferred to JDA. JDA argued that the notices of termination of the leases were invalid, and thus the leases remained in effect.

The court needed to determine whether Cologrant had validly terminated the leases and, if so, whether specific performance was an appropriate remedy. The court considered the terms of the leases, the notices of termination, and whether JDA had any legitimate grounds to contest the validity of the terminations. The court also had to consider whether specific performance was an appropriate remedy in this context.

The court held that Cologrant had validly terminated the leases. The notices of termination were in accordance with the terms of the leases, and JDA had no legitimate grounds to contest their validity. The court further found that specific performance was an appropriate remedy in this case, given the unique nature of the leases and the parties' intentions. The court ordered that Cologrant specifically perform the leases by transferring the gaming machine entitlements to JDA. Additionally, the court ordered JDA to pay Cologrant's costs of the proceeding.