Leisure Kart City Pty Ltd v Professional Auction & Valuation Services Pty Ltd

[2013] QCA 298

Queensland Court of Appeal

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Interrogate

Catchwords

1. Corporations
2. › Winding up
3. › Winding up in insolvency
4. › Statutory demand
5. › Application to set aside demand
6. › Genuine dispute as to indebtedness
7. › Whether dispute as to termination of periodic tenancy constituted genuine dispute as to existence of debt
8. › Corporations Act 2001 (Cth), s 459G, s 459H
1. Landlord and Tenant
2. › Tenancies other than for a term
3. › Monthly tenancies
4. › Creation
5. › Whether monthly tenancy arose by operation of law after re-entry and resumption of possession with payment of monthly rent in advance
1. Landlord and Tenant
2. › Termination of tenancy
3. › By notice to quit
4. › Notice by tenant to landlord
5. › Monthly tenancy
6. › Whether notice complied with mandatory requirements as to form, content and period of notice
7. › Property Law Act 1974 (Qld), ss 130, 131, 134
1. Landlord and Tenant
2. › Termination of tenancy
3. › By notice to quit
4. › Validity of notice
5. › Whether notice that fails to state termination date or last day of next period and gives insufficient notice period is invalid as a matter of law
6. › Property Law Act 1974 (Qld), ss 130(1), 131(2)(c), 134(1)

Quick Take

A notice to terminate a monthly tenancy under the Property Law Act 1974 (Qld) must strictly comply with ss 130, 131 and 134, including stating the date of termination or that the tenancy terminates on the last day of the next period, and must be given in sufficient time to provide the required notice period. A notice giving '28 days' notice' without specifying a termination date or the statutory formula is invalid as a matter of law and cannot give rise to a genuine dispute as to the existence of a debt for rent for the purpose of setting aside a statutory demand.