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Tenants Win Battle for Relief Against Forfeiture of Lease: Landlord Ordered to Pay Damages and Costs

In the case of Hogben Pty Ltd v Anthony Tadros, the tenants filed for an application for relief against forfeiture of the Lease after the primary judge refused an application by the landlord to vary the amount of the verdict. The tenants argued that their failure to pay rent was caused by the landlord's breach, and they sought to be restored to their tenancy. The court granted the tenants' application for relief against forfeiture, ordering the landlord to enter into a lease with the tenants in the same terms as the unexpired term of the lease and pay the tenants' costs of the proceedings that were not previously ordered. The court's decision was based on the tenants' success in a previous judgment awarding them damages of $730,000.

 

IMREAL.LIFE

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