The liquidator of a company sought possession of the sole asset of the company being premises from which a trucking business was run. The tenant resisted possession claiming that he had entered into a 12 year lease of land from the company. However because the lease was not registered as required, no legal lease was created.
When this was pointed out, the tenant amended his defence to claim he had an agreement to lease, which created a tenancy at will under the common law. Such tenancies can be terminated on one month’s notice. The notice was issued and expired. The liquidator then sought summary judgment.
Summary judgment for possession will only be granted where the plaintiff clearly establishes that there is no viable defence. The court gave judgment for the liquidator for possession and leave to issue a writ of possession.
Lesa Bransgrove holds a Bachelor of Laws and Bachelor of Commerce from the University of Queensland and a Master of Laws from the University of London. Lesa was admitted as a solicitor of the Queensland Supreme Court in 1996 and the UK Supreme Court in 2002 and as a barrister of the NSW Bar Association in 2009.