PRACTICE AND PROCEDURE — application to re-open and vary judgment pursuant to Rule 36.16 of the Uniform Civil Procedure Rules 2005 (NSW) — alleged misapprehension of law going to evidence permissible to satisfy onus under s 98A of the Landlord and Tenant (Amendment) Act 1948 (NSW) — alleged misapprehension of effect of Barilla v James [1964] NSWR 741 — application for leave to amend pleading — HELD — motion to re-open and vary granted on basis of misapprehension of effect of Barilla v James — onus satisfied by evidence contained in earlier registered lease — premises are not controlled premises and tenant is not a 'protected tenant' under Part 5A — plaintiff entitled to possession — leave to amend pleading granted
Case Details
Citation[2011] NSWSC 304
CourtNSWSC
JurisdictionNew South Wales
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