Canberra Drag Racers Club Incorporated v Australian Capital Territory [2001] FCA 332

FEDERAL COURT OF AUSTRALIA

Canberra Drag Racers Club Incorporated v Australian Capital Territory [2001] FCA 332 LANDLORD AND TENANT – lease - option for renewal – appellant granted 10 year lease in ACT by Commonwealth – option for renewal of 10 years upon satisfaction of pre-conditions that land not required for a "National Land" purpose and land "available for lease" - appellant refused offer of 5 year renewal – whether pre-conditions fulfilled – they were not - whether ACT independent body and/or agent of Commonwealth – it was both - whether ACT acted "honestly and reasonably" – it did - whether renewal clause void for uncertainty – it was not - Administrative Appeals Tribunal (Cth) was an independent arbitrator under s 3AAA Leases Ordinance 1918 (ACT). LANDLORD AND TENANT – Leases Ordinance 1918 (ACT) – whether Ordinance, with respect to "Territory Land" as opposed to "National Land", pursuant to s 34 Australian Capital Territory (Self-Government) Act 1988 (Cth), as enactment of ACT Assembly, from date of ACT Self-Government should be cited as Leases Act 1918 (ACT) – it should. CONTRACTS – lease – implied term – application of test of "business efficacy" – term not implied in this case. Australian Capital Territory (Self-Government) Act 1988 (Cth), ss 2(2), 34, 36, Sch 5 Australian Capital Territory (Planning and Land Management) Act 1988 (Cth), ss 27, 28, 29 Leases Ordinance 1918 (ACT), ss 2, 3AAA National Land Ordinance 1989 (ACT), ss 5, 6(1) Leases Regulations Meeham v Jones (1982) 149 CLR 571 cited Booker Industries Pty Ltd v Wilson Parking (Qld) Pty Ltd (1982) 149 CLR 600 followed Cudgen Rutile (No. 2) Pty Ltd v Chalk [1975] AC 520 followed Codelfa Construction Pty Ltd v State Rail Authority of NSW (1982) 149 CLR 337 applied Attorney-General (ACT) v Commonwealth (1990) 26 FCR 82 applied Hawthorn Football Club Ltd v Harding [1988] VR 49 considered Brooks v Wyatt (1992) 112 FLR 12 considered CANBERRA DRAG RACERS INCORPORATED v AUSTRALIAN CAPITAL TERRITORY AND ANOR A57 OF 2000 O'LOUGHLIN, HIGGINS and MATHEWS JJ CANBERRA 2 APRIL 2001