NSW Caselaw
Reported Decision : (2001) NSW ConvR 55-983
New South Wales Supreme Court
CITATION : SPATHIS v HANAVE INVESTMENT CO. P/L & ANOR [2001] NSWSC 265 revised - 1/05/2001 CURRENT JURISDICTION: Equity FILE NUMBER(S) : SC 1905/01 HEARING DATE(S) : 27/03/01 & 5/04/01 JUDGMENT DATE : 11 April 2001
Gerasimos Spathis - Plaintiff PARTIES : Hanave Investment Company Pty Ltd - First Defendant Hanave Pty Ltd - Second Defendant JUDGMENT OF : Bryson J at 1
COUNSEL : M. Neil QC with P. Strasser for Plaintiff R. MacFarlan QC with Ms K. Williams for Defendants SOLICITORS : G H Healey & Co - Eastgardens for Plaintiff Gilbert Mane - Defendants CATCHWORDS : LANDLORD and TENANT - term of lease - "break" clause for demolition - on the construction of the "break" clause in cl.11 it was held that the landlord's right to terminate on six months' notice to carry out demolition depended on earlier provisions and was only activated by accidental damage by fire, lightning etc. - decision on construction of this lease, not involving general principles. LEGISLATION CITED : Retail Leases Act 1994 (NSW) Mannai Investment Co. Ltd v. Eagle Star Life Assurance Co. Ltd [1997] AC 749 CASES CITED : Prenn v. Simmonds [1971] 1 WLR 1381 Concrete Construction (NSW) Pty Ltd v. Nelson (1990) 169 CLR 594 Director-General of the Department of Corrective Services v. Mitchelson (1992) 26 NSWLR 648 DECISION : See para 26
OF NEW SOUTH WALES EQUITY DIVISION
BRYSON J.
WEDNESDAY 11 APRIL 2001
1905/01 GERASIMOS SPATHIS v. HANAVE INVESTMENT COMPANY PTY LTD & ANOR
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