Pynrow Pty Ltd v Jewels Town Pty Ltd

[1985] FCA 435

IN THE FEDERAL COURT OF AUSTRALIA	)
)

NLW	SOUTH WALES DISTRICT REGISTRY	)	NO	. G.361 of l984
)

DIVISION GENERAL )

BETVEFW: PYNROW PTY LIMITED

Applicant

m: JEWELLS TOFIN PTY LIMITED

First Respondent

RETRIEA PTY LIMITED

Second Respondent

JERADOT PTY LIMITED

Third Respondent

G R " McCLOY

Fourth Respondent

W : J m L L S TObJN PTY LIMITED

Cross Claimant

m: PYNROW PTY LIMITED

First Cross

Respondent

JOHN bIAYNE MUNRO

Second Cross

Respondent

LEE CHRISTINE MUNRO

Third Cross

Respondent

2 .

CORAM:	WILCOX J.
B:	16 AUGUST 1985

PLACE : SYDNEY

MINUTE OF ORDERS

THE COURT ORDERS THAT:

.

1. Judgment be entered in favour of the cross claimant

against each of the cross respondents in the sum of

nine thousand seven hundred and twenty-nine dollars

and fifty-four cents ($9,779.54) .

2 . The cross respondents pay the cross claimant's costs

of the Cross Clam.

NOTE :

Settlement and entry of orders is dealt wlth in

Order 36 of the Federal Court Rules.

(MOTE: This judgment relates predominantly to its own facts and

is not of sufficient general interest to ~ustify circulation)

IN THE FEDERAL COURT OF AUSTRALIA	) )
NEW SOUTH WALES DISTRICT REGISTRY	) No. G.361 of 1984
)
GENERAL DIVISION	)

BETWEEN: PYNROW PTY LIMITED

Applicant

m: JEWELLS TOWN PTY LIMITED

First Respondent

RETRIBA PTY LIMITED

Second Respondent

JERFBOT PTY LIMITED

Thlrd Respondent

G P X W McCLOY

Fourth Respondent

m: JEWELLS TOWN PTY LIMITED

Cross Claimant

m: PYNROW PTY LIKITED

First Cross

Respondent

JOHN WAYNE MUNRO

Second Cross

Respondent

2 .

LEE CHRISTINE MUNRO

Third Cross

Respondent

m: WILCOX J.

U : 16 AUGUST 1985

PLACE : SYDNEY

EXTEMPORE REASONS FOR JUDGMENT

This is the hearing of a Cross Claim by whhlch the

cross claimant, Jewells Town Pty Limited, seeks to recover

against Pynrow Pty Limited, John Wayne Munro and Lee Christine

Munro, an amount due to it for rental in respect of the lease

of shop premises known as shop 16, Jewells Town. These

premises are at Belmont, North Newcastle.

The Application in the matter was dismissed by

Beaumont J on 15 July last and at that time his Honour gave

directions in relation to the hearing of the Cross Claim.

These directions lncluded a directlon that the sollcitors for

the cross claimant give notice to the cross respondents at

thelr last known address of the hearing date of the Cross

Claim which was appolnted by his Honour, namely thls mornmg.

I am satlsfied by the affidavlt of Dennls John Mycock, sworn

on 9 August 1985 and filed herein, that this direction	has
been carrled out.

P

3 .

His Honour further directed that the cross claimant

flle affidavits In support of its case. There has been filed an affidavit by Graham Erland McCloy dated 22 July 1984. Mr

McCloy carries on the functlon of centre manager of the

Jewells Town shopping floor and states that he has personal knowledge of the facts and circumstances giving rise to the

proceedings. Annexed to his affidavit is a lease dated 30

November 1982 between the cross claimant as lessor and Pynrow

Pty Limited as lessee. The individual cross respondents, Mr

John Wayne Munro and Mrs Lee Christine Munro, have guaranteed

the obligations of the lessee under that lease. The lease

provides for a demise of the relevant premises to Pynrow Pty

Limited f o r a period of three years commencing on 17 November

1982 at an annual rent of $13,800.

It appears from Mr McCloy's affidavlt that Pgnrow Dty

Limited took possesslon of the premlses on or about 17

November 1982 but vacated them on or about 8 August 1983. The

premises were left unoccupied until 15 June 1984 when the

cross claimant granted a lease of the shop to a new lessee.

Mr McCloy deposes that no rent was paid in respect of

the period 30 September 1983 to 14 June 1984. The amount

which accrued during that perlod was $9,729.54 and the cross

claimant seeks to recover this amount. In my opinion the

cross claimant is entitled to recover that amount. The

v. .

P -

. . __ .

4.

obligation rests upon Pynrow Pty Limited to pay rent during

that period and that obligation has been guaranteed	by Mr and
Mrs Munro.

I therefore order that judgment be entered In favour

of the cross claimant against each of the cross respondents in

the sum of $9.729.54, and I order that the cross respondents

pay the cross claimant’s costs	of the Cross Claim.
I certify that this and the 3

preceding pages are a true copy f

the Reasons for Judgment herein	of
his Honour Mr. Justice Wilcox.

Associate: L - / A- #&

Date : 2 September 1985

Counsel for the Cross Claimant: Mr P M Biscoe

Solicltors for the Cross Claimant: Messrs Moore	& Bevlns
No appearance for Cross Respondents

Date of Hearing: 16 August 1985