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Gnych & Anor V Polish Club Case Study

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Introduction: The Case report is about Gnych & Anor v Polish Club limited, Canberra High court, (High Court Of Australia, 2015). In 2012, Polish Club Limited being the licensee of a premise allowed Mr Jacek Gnych & Sylwia Gnych to lease and operate a restaurantb which comprised of the first floor with a capacity of fifty seats and ground floor with the entry to the restaurant along with storage area and toilet. Connected to the restaurant is the Mirror hall (which was not included in the agreement initially but was later included on certain terms) with 80 seat capacity which contains a bar where customers are allowed to purchase liquor. However, all the lease agreement papers were prepared and submitted but nothing was ever signed nor finalised. …show more content…

Everyone was told to maintain silence, stand up and following that everyone was told to sit down. Then the Plaintiff’s Lawyer Mr REYNOLDS stood up, introduced himself and his party and was given the chance to speak. Following that he started to describe the case to the judges and explaining and providing references from previous cases and also mentions what Polish Club Limited breached. After that the defendant’s lawyer that is MR CLAY was allowed to speak for the defendant who argued for a while and defended Polish Club Limited. The Honour and the other judges questioned Mr Reynolds, the plaintiff’s lawyer, about evidence and reference provided to make sure whether the claim they are making against Polish Club Limited comply and whether Polish Club Limited breached the law. Throughout the court case Mr Reynolds was asked quite a lot of questions and he replied to most of it with ease providing resources and proof to back his argument. Test applied: Firstly MR. REYNOLDS described to the judges all the laws that Polish Club limited breached. Mr Reynolds did mention that Polish Club limited did breach Retail Leases Act 1994(NSW) SS 6A,8(1),16(1) & 16(2). Jacek Gnych & Sylwia Gnych had a five-year lease agreement and were told to evacuate the leased area before the time period expired. However, since the lease agreements were prepared but never got signed or ever finalised so Polish Club Limited did not breach the Retail Lease Act

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