One Stop Smash Repairs Pty Ltd v Alvarez Holdings Pty Ltd [2023] NSWSC 444

Supreme Court New South Wales

Medium Neutral Citation: One Stop Smash Repairs Pty Ltd v Alvarez Holdings Pty Ltd [2023] NSWSC 444 Hearing dates: 24 April 2023 Date of orders: 28 April 2023 Decision date: 28 April 2023 Jurisdiction: Equity Before: Darke J Decision: Plaintiff's claim that the parties concluded an agreement for a new lease not established. Catchwords: CONTRACTS – formation of contracts – agreement – intention to make concluded bargain – lessee sought to obtain a new five-year lease with lessor following expiry of the former lease – whether the conduct of the parties exhibits an intention to be immediately bound by the terms of a new lease – consideration of the written communications between the lessee and the lessor's managing agent – consideration of the conduct of the parties following the alleged formation of the agreement – held that the overall conduct of the parties does not reveal an intention to be immediately bound by the terms of a new lease – existence of agreement for a new lease not established Legislation Cited: Conveyancing Act 1919 (NSW), s 54A Cases Cited: Brambles Holdings Ltd v Bathurst City Council (2001) 53 NSWLR 153; [2001] NSWCA 61 Masters v Cameron (1954) 91 CLR 353 Pavlovic v Universal Music Australia Pty Ltd (2015) 90 NSWLR 605; [2015] NSWCA 313 Category: Principal judgment Parties: One Stop Smash Repairs Pty Ltd (Plaintiff) Alvarez Holdings Pty Ltd (Defendant) Representation: Counsel: Mr L T Fermanis (Plaintiff) Mr P Folino-Gallo (Defendant)

Solicitors: Conomos & Spinak Lawyers (Plaintiff) S.A.S Lawyers (Defendant) File Number(s): 2022/269746 Publication restriction: None