SYNBA Investments Pty Ltd v Brisbane City Council

High Court of Australia Barwick CJ Stephen, Mason, Murphy and Wilson JJ. SYNBA Investments Pty Ltd v Brisbane City Council

ORDER Appeal and Cross-appeal dismissed.

Judgment reserved.

4 October 1979 Barwick CJ

I have had the advantage in this appeal of reading the reasons for judgment prepared by my brother Wilson. I agree with them and with my brother's conclusion that both appeal and cross-appeal should be dismissed. I do not desire to add anything on my own account.

Stephen J.

I would dismiss the appeal and cross-appeal for the reasons given by Wilson J.

Mason J.

I would dismiss the appeal and the cross-appeal for the reasons given by Wilson J.

Murphy J.

I agree with Mr Justice Wilson. The appeal should be dismissed.

Wilson J.

The Brisbane City Council (the "respondent") is the owner of the freehold of land adjoining the City Hall and bounded by Adelaide, George and Ann Streets, Brisbane.

In 1973 the respondent leased the land to S.Y.N.B.A. Investments Pty Ltd (the "appellant") for a term of 120 years commencing on 29th June, 1973. Pursuant to the terms of the lease, the appellant developed the land by erecting two buildings and a public square and then subleased back to the respondent part of the demised land. One of the two buildings is a multi-storeyed office block known as the "administration centre", and by virtue of the sublease the respondent has become the principal tenant of this building. The term of the sublease is to run until one day before the term of the head lease expires, unless the land is redeveloped again in the meantime.

In this appeal we are concerned with the construction of those provisions in the sublease which provide for the calculation of the rent payable by the respondent to the appellant. There are three components in the calculation of that rent. The first, which may be described as the base rent, is an annual sum calculated by reference to specified rates in relation to the basement area, the car spaces, and the office areas demised by the sublease: cl. 2(1). Detailed provisions follow with respect to computation and periodic review of this rent, but these are not material to the case.