Indian Taj v Gilany

The plaintiff, Indian Taj, brought an action against the defendant, Gilany, in the Supreme Court of Victoria, seeking to terminate a lease of premises for the operation of a restaurant. The lease was registered under the Real Property Act 1900. The defendant had signed a notice of surrender the day before the company was wound up due to irreconcilable differences between its directors. The plaintiff issued a notice of termination on the same day. The court was required to determine whether the notice of surrender and the notice of termination constituted a surrender under section 54(1) of the Real Property Act 1900, whether there was a surrender by operation of law, whether the other director's actions constituted ratification by the company, whether the plaintiff was entitled to terminate for breach of an "essential" term to open the restaurant during business hours, whether the plaintiff was bound to give 14 days' notice of breach of lease, and whether the company repudiated the lease.

The court found that the notice of surrender and the notice of termination did not constitute a surrender under section 54(1) of the Real Property Act 1900. The court held that there was no surrender by operation of law. The court also found that the other director's actions did not constitute ratification by the company. The court held that the plaintiff was not entitled to terminate for breach of an "essential" term to open the restaurant during business hours. The court further found that the plaintiff was bound to give 14 days' notice of breach of lease. Finally, the court held that the company had not repudiated the lease.

The court ordered that the lease remain in effect, and that the plaintiff was not entitled to terminate the lease. The court further ordered that the plaintiff provide the defendant with 14 days' notice of any future breach of lease.