NSW Caselaw
New South Wales Supreme Court
CITATION : GOLDEN RAMS AUSTRALIA PTY LTD v SHTEYMAN & ANOR [2000] NSWSC 417 CURRENT JURISDICTION: EQUITY FILE NUMBER(S) : SC 4228/99 HEARING DATE(S) : 09/05/00 JUDGMENT DATE : 10 May 2000
PARTIES : Golden Rams Australia Pty Limited - Pltf Isaac Shteyman and Sonya Shteyman - Dfts JUDGMENT OF : Bryson J at 1
COUNSEL : L. Gyles for Plaintiff Ms E. Kennedy for Defendants SOLICITORS : David Hand solicitor for Plaintiff Maurice Harrison & Associates for Defendants CATCHWORDS : LESSOR and LESSEE - option of renewal - exercise by delivery of written notice - issue of fact whether notice was delivered - on the facts it was found that it had been - consideration of terms of lease relating to time of payment of rent and alleged breaches of covenant as discretionary grounds for refusing specific performance - order for specific performance. DECISION : See para 37
IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION
BRYSON J.
WEDNESDAY 10 MAY 2000
4228/99 GOLDEN RAMS AUSTRALIA PTY LTD v. ISAAC SHTEYMAN & ANOR
JUDGMENT 1 HIS HONOUR: These proceedings relate to the plaintiff's claim to have exercised an option of renewal under lease 698475A in which the plaintiff is the lessee. The lease relates to part of premises at 283 Princes Highway, St Peters and the part leased to the plaintiff is the ground floor of the building including the rear yard. The upper storey was not leased to the plaintiff. The lessor was Kwikhall Pty Ltd, the principal of which was Mr Kelly. The term of the lease was three years, commencing on 1 September 1995 and terminating on 30 August 1998. There is an option to renew for a further three years and a further option for four years thereafter. 2 Part 4 of the lease deals with the options, amongst other things. Clause 4.4 states the circumstances in which and manner in which the option may be exercised. What is required is that: "4.4.1 the tenant serves on the landlord a notice of exercise of option not earlier than ..."
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