MI Design P/L v Dunecar P/L & 1 Ors

[2000] NSWSC 996

Supreme Court of NSW

Built by Barristers,
For Australian Law.

1. REAL PROPERTY -- Mortgages -- Lessee ousted without the notice required under lease, contract with bank and s129 of Conveyancing Act -- Consequences -- Relevance of breaches of Liquor Act -- Relief against forfeiture -- Specific performance of agreement between lessor and bank -- Discretionary aspects -- Damages not adequate remedy -- Lessee insolvent -- Would reinstatement involve a futility.
1. Acts Cited:
1. Conveyancing Act 1919 (NSW) s127; s129
1. Corporations Law Pt 5.3A