Tom Dover v George Lewkovitz

[2014] HCASL 135

TOM DOVER

v

GEORGE LEWKOVITZ

[2014] HCASL 135
S8/2014

1. The applicant leased premises from Tolicar Pty Ltd.  Tolicar assigned to the respondent all the debts and causes of action to which it was entitled as lessor.  The applicant alleges that Tolicar's assignment to the respondent is ineffective.

2. The respondent claimed in the Retail Leases Division of the Administrative Decisions Tribunal of New South Wales rent and outgoings allegedly due but unpaid by the applicant under the lease.  The Tribunal ordered the applicant to pay $109,967.64 together with interest of $8,247.57.

3. On appeal to the Appeal Panel of the Administrative Decisions Tribunal and to the Court of Appeal of the Supreme Court of New South Wales the applicant's allegation that the assignment was ineffective was rejected.

4. The applicant now seeks special leave to appeal to this Court.

5. It is not disputed that the central question is whether the respondent had a genuine commercial interest in the enforcement of the claims that were assigned[1].  The applicant seeks to submit that in the particular circumstances of this case that question was answered incorrectly.

   [1]EquusCorp Pty Ltd v Haxton (2012) 246 CLR 498 at 525 [51], 558‑559 [156]‑[158]; [2012] HCA 7.

6. It would not be in the interests of justice generally or in the interests of justice in this case that there be a grant of special leave.

7. Pursuant to r 41.11.1 of the High Court Rules 2004 we direct the Registrar to draw up, sign and seal an order dismissing the application with costs.

K.M. Hayne
6 August 2014 S.M. Crennan