YJ Pty Ltd v Huang's Properties Pty Ltd

DISTRICT COURT OF QUEENSLAND CITATION: YJ Pty Ltd & Ors v Huang’s Properties Pty Ltd [2018] QDC 240 PARTIES: YJ PTY LTD ACN 158 506 186 (first appellant) and JUDY LEE & HAE JUNG YOON (second appellants) v HUANG’S PROPERTIES PTY LTD ACN 136 043 519 (respondent) FILE NO/S: D203 of 2017 DIVISION: Appellate PROCEEDING: Appeal – s 222 Justices Act 1886 (Qld) ORIGINATING COURT: Southport Magistrates Court DELIVERED ON: 16 November 2018 DELIVERED AT: Brisbane HEARING DATE: Hearing on 16 February 2018, further written submissions exchanged on 2 March 2017, 2 August 2018 and 6 August 2018.  Further oral hearing on 7 September 2018. JUDGE: Muir DCJ ORDER: 1.        The appeal is allowed. 2.        Orders 1 and 2 of the Magistrates Court Orders dated 7 July 2017 are set aside. CATCHWORDS: APPEAL – APPEAL AGAINST ORDERS OF MAGISTRATE FOR RECOVERY OF POSSESSION AND DELIVERY OF POSSESSION – where parties entered into a fixed term written lease terminated by forfeiture – where appellants were in arrears of rent – where appellants were served with a notice to remedy – where appellants were served with a notice to tenant – whether notice to tenant was valid – whether lease was validly executed – whether Magistrate had jurisdiction to make summary orders for recovery and possession – where first appellant vacated premises as a result of orders – where new tenants now occupying premises – whether there is utility in the appeal. LEGISLATION: Corporations Act 2001 (Cth), ss 127, 129District Court of...