Polish Club Limited v Gnych

The appeal in *Polish Club Limited v Gnych* concerned a dispute over a lease of licensed premises of a registered club. The primary issue was whether the lease, granted by the Polish Club Limited (the appellant) to Mr. Gnych (the respondent), was void and unenforceable due to alleged breaches of the *Liquor Act 2007* (NSW) and the *Registered Clubs Act 1976* (NSW). The case was heard in the Court of Appeal of New South Wales before Meagher and Leeming JJA and Tobias AJA.

The court was required to determine whether the lease was granted in breach of section 92 of the *Liquor Act 2007*, and if so, what the effect of such a breach was on the validity of the lease. Additionally, the court considered whether a lease granted in breach of section 41J of the *Registered Clubs Act 1976* rendered the lease void and unenforceable. A further question arose regarding whether a non-exclusive licence granted as part of the arrangement fell within the scope of the *Retail Leases Act 1994* (NSW).

The Court of Appeal allowed the appeal in part, setting aside certain declarations and orders made by the primary judge. The court's reasoning involved an analysis of the statutory purposes of the *Liquor Act* and the *Registered Clubs Act* to ascertain whether a breach of their provisions would necessarily render a lease void. The court also considered the nature of the licence granted. The final orders directed the parties to make further submissions on specific aspects of the primary judge's decision and addressed the costs of the proceedings.