Australia, May 30 -- New South Wales Land and Environment Court issued text of the following judgement on April 30:

1. By notice of motion filed in Court before the Duty Judge on 23 April 2025, the plaintiffs seek orders compelling Edward River Hotel Pty Ltd and Mr Keith Blackney to vacate a property in Tabletop, New South Wales, on which a pub, historically known as the "Ettamogah Pub", has been operated for many years.

2. The property is owned by the first plaintiff, LDT O'Brien Property Group Pty Ltd (LDT).

3. Edward River Hotel is a corporation controlled by Mr Blackney. It was engaged as the manager of the pub by Trustworthy Nominees Pty Ltd, the former mortgagee in possession, pursuant to a Management Agreement dated 25 May 2021.

4. On 18 August 2021, the plaintiffs commenced the proceedings.

5. On 2 December 2021, Rein J made orders including:

5 Pending further Order, [Trustworthy] shall have possession of the [property]

6 Pending further Order, [Edward River Hotel] shall manage The Ettamogah Pub (Pub) located at the Property for an on behalf of [Trustworthy] ...

6. While the proceedings have been on foot since 2021, the parties involved have changed over time. Further, the issues in dispute have changed, many of them having been resolved through settlements. The history of the proceedings was helpfully described by Ball J (as his Honour then was) in LDT O'Brien Property Group Pty Ltd v Trustworthy Nominees Pty Ltd [2023] NSWSC 1100 at [2]-[13].

7. On 25 November 2024, I gave an ex tempore judgment, which declared binding a Settlement Agreement between the plaintiffs and Trustworthy: LDT O'Brien Property Group Pty Ltd v Trustworthy Nominees Pty Ltd (No 2) [2024] NSWSC 1688. Pursuant to that Settlement Agreement, the plaintiffs were to pay a sum of money to Trustworthy by 20 December 2024, in return for the dismissal of the proceedings and Trustworthy giving up its mortgage over and possession of the property and not exercising a power of sale. For an argument about Edward River Hotel's personal property located on the land, Edward River Hotel and Mr Blackney rely upon that judgment at [25], which relevantly reads:

Trustworthy has ostensibly complied with various requirements in the deed following its execution, including issuing a notice to the managing company to vacate the property and terminating the management agreement of May 2021. Pursuant to that agreement, Trustworthy agreed pursuant to cl 13 to sell the listed equipment of the manager at a reasonable price on any sale of the property. However, the management agreement does not deal with any stock or property beyond that listed. It is not apparent why the outgoing manager would not be entitled to remove its own goods ...

8. In compliance with the Settlement Agreement, Trustworthy wrote to Edward River Hotel and Mr Blackney, requiring them to vacate multiple times. On 19 November 2024, Trustworthy issued a notice requiring vacation within 60 days. This followed an earlier notice dated 14 November 2024 that gave 30 days' notice, which Edward River Hotel argued was too short.

9. In the 19 November 2024 notice of termination, reference was made to clause 2.1 of the Management Agreement, which provided:

The duration of this Agreement shall be for a period of 180 days from the date of this Agreement however, the principal shall have the right to terminate the Agreement by providing 60 days written notice. In addition to the Principal's rights pursuant to clause 5 of Agreement.

10. On 25 November 2024, the solicitor for Edward River Hotel and Mr Blackney, Ms Katherine Moorhouse-Perks, wrote:

... my clients agree to vacate by 20 January 2025 [but contend that] a Court order relieving Edward River Hotel and Keith Blackney from managing the Pub for your client from midnight Monday, 20 January 2025 is required.

11. It appears Ms Moorhouse-Perks considered an order was required to vacate Rein J's order 6. As at today's date, Edward River Hotel and Mr Blackney have not vacated the property, nor explained why in any correspondence.

12. On 22 January 2025, Trustworthy's solicitors again wrote to Ms Moorhouse-Perks requiring Edward River Hotel and Mr Blackney to vacate. Trustworthy sent further correspondence on 29 January 2025, 3 February 2025 and 9 April 2025. Surprisingly, Ms Moorhouse-Perks failed to ever respond. No explanation has been provided to date for that failure; it is difficult to see how protracted non-responsiveness could comply with r 4.1.2 Legal Profession Uniform Law Australian Solicitors' Conduct Rules 2015 (NSW), which requires honest and courteous dealings in legal practice.

*Rest of the document can be viewed at: (https://www.caselaw.nsw.gov.au/decision/1968a7229dc7c62527aa48bb)

Disclaimer: Curated by HT Syndication.