Manage Contracted Support Services
Question
Ques 1. Explain the case and the outcomes?
Ques 2. In your opinion, after performing this case study, what could go wrong? Does the contract adequately address potential problems?
Table of Contents
Question 1
The case study is about Gnych & Anor v Polish Club Limited. The case is evaluated that in 2012, as the licensee of a premise, Polish Club Limited allowed Mr Jacek Gnych & Sylwia Gnych to lease, which led to the operation of a restaurant comprising a ground floor with entry to the restaurant associated with a storage and bathroom area and first floor. The restaurant is connected to a Mirror hall with a bar where customers can purchase liquor. It is evaluated that all lease agreement papers were prepared and submitted. It is also mentioned that the agreement of the use of Mirror hall was not included initially in the agreement papers, and later it was included based on certain conditions. It is also evaluated that all agreement papers were prepared, and nothing was finalised or signed. After all these, Polish Club gave notices to Gnyches to leave, and Gnych asserted a five-year lease that is under the Retail Leases Act 1994 (NSW) (Hcourt.gov.au, 2022). It is evaluated that the claim was successful at trial and appealed based on any lease contrary based on the Liquor act of s 92(1)(c) and s 92(1)(d). It prohibits grants of the lease based on licensed premises, s41J of Registered Clubs Act 1976 (NSW), and it leads to prescribing the disposal process of the club’s registered core property (Hcourt.gov.au, 2022).
The Court leads to holding based on 92(1) (d) and leads to the licensee’s conduct rather than maintaining a relationship between the third party and the licensee. It can be evaluated that Polish Club breached 92(1)(d) and evaluated possession of Gnyches in the restaurant area, and it doesn’t affect the lease. The High Court enabled an appeal in order to hold the construction of the Liquor Act and its breaching of s 92(1)(d) that did not render the lease unenforceable and void (Hcourt.gov.au, 2022). Also, it evaluated the provision of statutory penalty for breaching and exhibits no need to prevent the lease and appeal of court erred in holding. The court of appeal led to holding construction and failure f of the club based on Gaming and Liquor Administration Act 2007 (NSW) and evaluated the effect of rendering void due to favour of Appellants based on ss 16 and 8 of the Lease Act.
Question 2
Based on the case study, it is evaluated the landlord licensee (Polish Club) had led to a breach of the liquor Act 2007 by failing to obtain approval for a lease from NSW Gaming and the independent liquor authority. This led to a contract with Mr and Mrs Gnych, and after some disputes arose between the parties, it was claimed the lease was unenforceable as approval had not been evaluated. Based on this study, wrong can be evaluated if the court decides the lease is unenforceable. Then the authority had the power to allow wrongdoers to rely upon penalising and defaulting innocent parties to enforce relevant contracts. It is evaluated that the court finds that the agreement is enforceable and leaves consequences up to relevant authorities and legislation to decide and address potential problems.
Reference
Hcourt.gov.au, 2022, Gnych & Anor v. Polish Club Limited, Retrieved on 12th August 2022, from: https://www.hcourt.gov.au/cases/case_s58-2015
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