ROQUIN OFFICE SERVICES PTY LTD and ORS v TINGDALE PTY LTD and ANOR [1997] NSWCA 268

ROQUIN OFFICE SERVICES PTY LTD v TINGDALE PTY LTD SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL

MASON P, MEAGHER JA and CLARKE AJA 10 June 1997, 21 October 1997 [1997] NSWCA 268

Lease Agreement — misrepresentation as to area of premises — construction of lease

Mason P I agree with the judgment of Clarke AJA. Meagher JA I agree with Clarke AJA.

Clarke AJA Tingdale Pty Ltd (the first respondent) was the owner of premises situated at 262 Castlereah Street, Sydney, which it purchased in 1987. Some three years later, that is in early 1990, it determined to let the first and second floor of its premises. A sign was then erected on the building stating that there were two floors available for letting, each with 235 square metres of space available. This sign was seen by Mr P Rosier (the second appellant), the managing director of a company known as Roquin Office Services Pty Ltd (the first appellant). This company operated as a service company for the second appellant, who carried on practice as a solicitor. Mr Rosier was at that time interested in leasing new premises for his business and, after some negotiation, the first appellant and first respondent entered into a lease for the premises which were described as "being second floor 262 Castlereagh Street Sydney". The lease was dated 6 April 1990 and under it the first appellant was granted a term of three years commencing on 7 April. The sole description of the premises was as I have recalled it and the lessee (the first appellant) was granted "the right to use in common with other persons entitled thereto the common parts". Those parts were defined in the lease to mean:

"Those parts of the building provided by the Lessor from time to time for common use by the occupants of the building and including (but without limiting the generality hereof) the entrances, lobbies, corridors, toilets, stairways, elevators and other common amenities and conveniences thereof and such other places or facilities as may be designated from time to time by the Lessor for use by the Lessee in common with others."