LEASES AND TENANCIES — Ejectment — Order for possession
TORTS — Trespass to land — Damages
COSTS — Gross sum costs order
Quick Take
1On deregistration of a corporate tenant, the leasehold interest vests in ASIC under s 601AD of the Corporations Act 2001 (Cth) and does not pass to a former director who continues to occupy; continued occupation gives rise to trespass or, at highest, a tenancy at will or sufferance determinable on reasonable notice.
2On entry of default judgment, the allegations in the statement of claim are taken as admitted, and the court assesses unliquidated damages on the evidence, with the plaintiff bearing the onus of proving fact and quantum on the balance of probabilities while entitled to the benefit of deemed admissions.
3A gross sum costs order under s 98(4)(c) of the Civil Procedure Act 2005 (NSW) is appropriate where the paying party has not engaged in proceedings, a formal assessment would be disproportionately expensive, and the court has sufficient evidence to fix a logical, fair and reasonable sum on a broad-brush basis.
