Hilton Hotels (Australia) Pty. Ltd. v. Sunrise Resources (Australia) Pty. Ltd. [2000] NSWSC 46

Reported Decision : [2000] 9 BPR 17,495 [2000] NSW ConvR 55-932

New South Wales Supreme Court

CITATION : Hilton Hotels (Australia) Pty. Ltd. v. Sunrise Resources (Australia) Pty. Ltd. [2000] NSWSC 46 CURRENT JURISDICTION: Equity FILE NUMBER(S) : SC 2848/99 HEARING DATE(S) : 6, 7 and 8 December 1999 JUDGMENT DATE : 18 February 2000

PARTIES : Hilton hotels (Australia) Pty. Limited - Plaintiff Sunrise Resources (Australia) Pty. Limited - Defendant JUDGMENT OF : Hodgson CJinEq at 1

COUNSEL : Mr. J. Campbell QC with Mr. G. Jacobs for plaintiff Mr. T. Jucovic QC with Mr. D. Hammerschlag & Mr. C. Moore for defendant SOLICITORS : Minter Ellison, Sydney for plaintiff Gilbert & Tobin, Sydney for defendant CATCHWORDS : ESTOPPEL - Estoppel by convention - Consent by lessor to placement of signs by lessee - Incorrect assumption that signs within terms of lease - Lessor estopped from departing therefrom. LANDLORD & TENANT - Interpretation of term of lease allowing placement of signs with consent of lessor - Whether confined to signs on the demised premises - Whether consent revocable. DECISION : See par.77 of judgment

IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION

CORAM: HODGSON, CJ in Eq.

Friday 18th February 2000

NO. 2848 OF 1999 HILTON HOTELS OF AUSTRALIA PTY. LIMITED V. SUNRISE RESOURCES (AUSTRALIA) PTY. LIMITED

JUDGMENT

1 The plaintiff Hilton is the lessee and the defendant Sunrise is the lessor of premises in Sydney under a lease for a term of 40 years from 3rd March 1975. The leased premises are part of the building 255-269 Pitt Street, Sydney, and the plaintiff conducts a hotel business on them. 2 In late 1989 and early 1990, Hilton affixed to the outside of Levels 44 and 45 at the top of the building, called the parapet level, and not within the demised premises, four large signs each containing the word "Hilton", one sign being attached to each of the northern, southern, eastern and western faces of the building. 3 In December 1998, Sunrise requested the removal of these signs. In these proceedings, Hilton seeks a declaration that it is entitled to have these signs kept in their present locations, and also consequential relief. In its cross-claim, Sunrise seeks an order that the signs be removed, and damages.