Davdent Pty Ltd v Attinger

In Davdent Pty Ltd v Attinger, the appellant sought an order for possession of property from the respondent, which was being occupied as a boarding kennel. The respondent had entered into a lease with the appellant but failed to pay rent for several months, leading to the appellant terminating the lease. The respondent argued that she was entitled to remain in occupation due to her investment of time and money into the business. The matter was heard in the Supreme Court of New South Wales.

The legal issues before the court were whether the respondent had a right to remain in occupation of the property following the termination of the lease and whether the respondent's investment of time and money into the business could be considered a proprietary interest in the property. The court needed to determine whether the respondent had a right to occupy the property beyond the expiration of the lease term and whether this right could be enforced against the appellant.

The court found that the respondent did not have a right to remain in occupation of the property following the termination of the lease. The court held that the respondent's investment of time and money into the business did not constitute a proprietary interest in the property. The court emphasised that the respondent's occupation of the property was solely based on the lease agreement, which had been terminated by the appellant. The court concluded that the respondent had no legal basis to remain in occupation of the property and ordered her to vacate the premises. The court also found that the appellant was entitled to an order for possession of the property.