Yangdo Pty Ltd v Equiti Group Pty Ltd

District Court

New South Wales

Medium Neutral Citation:	Yangdo Pty Limited v Equiti Group Pty Ltd [2017] NSWDC 277
Hearing dates:	30 August 2017, 14 September 2017
Date of orders:	12 October 2017
Decision date:	12 October 2017
Jurisdiction:	Civil
Before:	Dicker SC DCJ
Decision:	(1) Judgment for the defendant. (2) The Statement of Claim is dismissed. (3) The plaintiff is to pay the defendant's costs of the proceedings as agreed or assessed; (4) Leave is granted to the parties to apply to vary the order referred to in (3) above. (5) Exhibits to be returned after 28 days.
Catchwords:	Leases – whether defendant sub-lessee owed money to plaintiff sub-lessor for unpaid rent/outgoings – whether parties entered into new agreement for lease – applicable Masters v Cameron category – relevance of post-contractual conduct
Legislation Cited:	Real Property Act 1900 (NSW)
Cases Cited:	Baulkham Hills Private Hospital Pty Ltd v GR Securities Pty Ltd (1986) 40 NSWLR 622 Blackburn Developments (No 19) Pty Ltd v Downs (1974) 2 VPR 97,089 Brambles v Bathurst City Council (2001) 53 NSWLR 153 Commonwealth of Australia v Crothall Hospital Services (Aust) Ltd (1981) 36 ALR 567 Electricity Generation Corporation v Woodside Energy Ltd (2014) 251 CLR 640 Empirnall Holdings Pty Ltd v Machon Paull Partners (1988) 14 NSWLR 523 Feldman v G&M Australia Ltd [2017] NSWCA 107 Kassabian v Lagonicos [1993] NSW Conveyancing Reports 55-690 Kastro Pty Ltd v ABD Holdings Pty Ltd [2008] NSWSC 1291 Landsmiths v Hall [1999] NSWSC 735 Leitz Leeholm Stud Pty Ltd v Robinson [1977] 2 NSWLR 544 Masters v Cameron (1954) 91 CLR 353 New South Wales Land and Housing Corporation v Diab [2015] NSWCA 133 Wayne Edward John Streat v Fantastic Holdings Ltd [2011] NSWSC 1097
Category:	Principal judgment
Parties:	Yangdo Pty Limited (Plaintiff) Equiti Group Pty Ltd (Defendant)
Representation:	Counsel: R Marshall SC and T Fishburn (Plaintiff) M Ashhurst SC and L D Corbett (Defendant)   Solicitors: Hicksons (Plaintiff) Price & Company (Defendant)
File Number(s):	2016/00129773

Judgment

1. These proceedings relate to the sublease by the defendant as sublessee from the plaintiff as sublessor of premises being part of an office block situated at 56 Station Street, Parramatta in Sydney in the State of New South Wales.

2. The background to the commercial arrangements between the parties is as follows:

1. On 4 September 2002, The Uniting Church (NSW) Trust Association as lessor entered into a lease with the plaintiff as lessee for a term of 125 years commencing on 4 September 2002 and terminating on 3 September 2127 of the property in Folio Identifier 100/777917 being the property at 56 Station Street, Parramatta (“the Premises”): see Exhibit A, page 53;

2. At some stage, The Uniting Church (NSW) Trust Association transferred its interest in the Premises to Yangdo Service Pty Ltd, a related company to the plaintiff: see Exhibit A, page 83;

3. At all relevant times the plaintiff engaged the services of Steven Krulis Real Estate Consultants (“Steven Krulis”) to manage the plaintiff’s interest in the Premises;