PL Town Hall Pty Ltd v The Trust Company Ltd

[Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.]

EX TEMPORE Judgment

1. LEEMING JA: The applicant, PL Town Hall Pty Ltd, trading as Priceline, operated a pharmacy business from premises owned by the respondent. It failed to pay monthly rent for some months in 2020. It received a notice of termination of the lease on 17 February 2021. It commenced proceedings seeking relief against forfeiture. Those proceedings were resolved by a consent regime made on 3 March 2021 which required the payment of a sum of money within seven days in exchange for possession continuing.
2. The orders constituting that regime were as follows: "1. ORDER that the plaintiff deliver possession of the premises known as Shop G54 Citigroup Centre, 2 Park Street Sydney NSW 2000 (Premises) to the defendant forthwith. 2. ORDER that the proceedings be dismissed with no order as to costs without prejudice to such, if any, rights and obligations the parties may have against one another in relation to due performance of the plaintiff's lease. 3. NOTE that the defendant gives to the Court an undertaking not to take possession of the Premises by re entry before 30 June 2021 if the plaintiff: a. Provides the defendant with a bank guarantee in the sum of $88,150.58 on substantially the same terms as the bank guarantee under the lease within 7 Days (with an expiry date of no earlier than 30 September 2021). b. Pays the defendant $88,150.57 on 10 March 2021. c. Pays the defendant $88,150,57 on 1 April 2021. d. Pays the defendant $88,150,57 on 1 May 2021. e. Pays the defendant $88,150,57 on 1 June 2021. f. Vacates the Premises on or before 30 June 2021. 4. NOTE that the intention of notation 3 is that in the event that the plaintiff defaults in respect of any of (3)(a)-(f), the defendant will be entitled to take possession of the premises forthwith. 5. NOTE that it is agreed between the parties that their intention is that the plaintiff will deliver possession of the Premises to the defendant no later than 30 June 2021. 6. NOTE that it is also agreed between the parties that, whether or not the plaintiff remains in possession of the Premises until 30 June 2021, it is contractually obliged to provide the bank guarantee referred to in (3)(a) and to make the payments referred to 3(b)-(e) inclusive. 7. NOTE that the defendant's rights in respect of rental arrears and otherwise generally are reserved, as are the plaintiff's defences, if any. 8. RESERVE to the parties liberty to apply for such, if any, orders as may be necessary in the working out of the orders and the agreement referred to in these notations and orders."