MIR Holdings Pty Ltd v Marina Square Retail Pty Ltd [2020] NSWCA 286 (11 November 2020) (Bathurst CJ at [1]; Bell P at [2]; Leeming JA at [49])


Catchwords:


APPEALS – leave to appeal – application for leave – relief sought inappropriate on an interlocutory appeal in the absence of necessary and proper parties

CIVIL PROCEDURE – parties – necessary and proper – where third-party lessees of premises not joined to proceedings for relief against forfeiture brought by earlier lessees

EQUITY – equitable remedies – declarations – whether capable of being made on interlocutory basis

REAL PROPERTY – landlord and tenant – agreements for lease – breach – Retail and Other Commercial Leases (COVID-19) Regulation 2020 (NSW) – where tenants in arrears before the relevant “prescribed period” – leave to appeal refused in circumstances where all necessary and proper parties not joined in proceedings