Read the full judgment text of HCA 003235/2003 on BabelCite. This High Court CFI judgment was delivered on 8 December 2003.
1. The plaintiff is the landlord and the defendant the tenant of premises in Wyndham Street. The tenancy started in 1996. There were, apparently, substantial arrears of rent, and on 24 May 2002 the parties executed a Deed of Surrender under which the defendant covenanted to pay the plaintiff by instalments a sum of $3,858,697.77, and a new lease for a period of five years from 1 January 2002. The plaintiff in its Statement of Claim avers that under the provisions of the Deed, if the defendant sh