Court of Appeal

Meridien Airlie Beach Pty Ltd (Receivers and Managers Appointed) (in liq) & Anor v Karamist Pty Ltd [2015] QCA 192 ; [2015] 41 QLR (14/11490) Margaret McMurdo P and Ann Lyons and North JJ 13 October 2015

Full-text: QCA15-192.pdf


LANDLORD AND TENANT – TERMINATION OF THE TENANCY – FORFEITURE – RELIEF AGAINST FORFEITURE – RELIEF UNDER STATUTE – GENERALLY – where the appellants and respondent entered into two subleases for recreational purposes – where the appellants are the sublessors and the respondent is the sublessee – where the respondent defaulted in payment of the deferred rent within the required timeframe – where the appellants lodged notices of surrender of the subleases – where the respondent eventually paid the deferred rent – where the appellants refused to reinstate the subleases – where the respondent was successful in its application for relief against forfeiture pursuant to s 124 of the Property Law Act 1974 (Qld) – where the appellants are appealing the decision of the primary judge – whether the primary judge misdirected himself in relation to the legal test to be applied in cases of relief against forfeiture – whether the primary judge failed to provide adequate reasons in granting relief to the respondent – whether the primary judge failed to find against the weight of evidence in circumstances where there was insufficient evidence to support the respondent’s application