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ARTICLE · 25 SEPTEMBER 2020

Sneakerboy - Running headfirst into COVID-19 lease issues

Bartier Perry Solicitors
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The cases provide guidance on some issues from the renegotiation of commercial leases pursuant to the COVID-19 regime.

AustraliaReal Estate and Construction
Gavin Stuart
Gavin Stuart
Adam Cutri
Adam Cutri
Max Mikha (Formerly With Bartier Perry)
Max Mikha (Formerly With Bartier Perry)
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Bartier Perry recently acted on behalf of Sneakerboy Retail Pty Ltd in two decisions of the Supreme Court of New South Wales in:

  • Sneakerboy Retail Pty Ltd trading as Sneakerboy v Georges Properties Pty Ltd [2020] NSWSC 996 (Sneakerboy No 1); and
  • Sneakerboy Retail Pty Ltd trading as Sneakerboy v Georges Properties Pty Ltd (No 2) [2020] NSWSC 1141 (Sneakerboy No 2).

These matters provide valuable insight into the practical application of the Retail and Other Commercial Leases (COVID-19) Regulation 2020 (Regulations) and the National Cabinet Mandatory Code of Conduct (Code) (COVID-19 Regime).

The key facts giving rise to the proceeding were as follows:

  • It was a term of the lease that the lessor had right of re-entry to the premises if rent was in arrears for 14 days.

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