In the matter of Creditors' Trust Deed established in the administration of Bevillesta Pty Ltd [2013] NSWSC 1258 — Management And Administration & Agreements For Lease — Barrister AI
In the matter of Creditors' Trust Deed established in the administration of Bevillesta Pty Ltd
CORPORATIONS - management and administration - application for review of decision of trustees of creditors' trust deed to reject a claim for payment under the terms of a creditors' trust - whether the Court has jurisdiction to determine an appeal from the decision of trustees of a creditors' trust - Court's power to give a direction to a trustee under s 63 of the Trustee Act 1925 (NSW).
LANDLORD AND TENANT - agreements for lease - creation - when lease took effect at general law - where lease is a deed which would not be binding until delivered - whether intention by the lessor to be immediately bound by the lease - whether lease took effect in accordance with s 8(2) Retail Leases Act 1994 (NSW) - whether lease was sufficiently complete to have effect.
DAMAGES - whether damages for breach of contract established where damages sought are loss of profit making opportunity represented by an opportunity to occupy a shop under a lease - where conflicting expert evidence - whether basis for damages calculation established.
Case Details
Citation[2013] NSWSC 1258
CourtNSWSC
JurisdictionNew South Wales
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