Lessor’s make-good claim fails in Supreme Court challenge to DOCA

Cameron Cheetham, Andrew Edington and Stephanie Dimovski of Corrs share that the Supreme Court of New South Wales refused to terminate the DOCA for the former Tetsuya’s restaurant after finding the landlord’s $1 million make good claim was never properly triggered under the lease and that the deed delivered a clearly superior return to creditors compared with liquidation, despite objections from the lessor and concerns about related-party involvement.

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