Clasic International Pty Ltd v Lagos and Ors [2002] NSWSC 1155

Reported Decision : 60 NSWLR 241 (2003) NSW ConvR 56-053

New South Wales Supreme Court

CITATION : Clasic International Pty Ltd v Lagos and Ors [2002] NSWSC 1155 CURRENT JURISDICTION: Equity FILE NUMBER(S) : SC 4302/02 HEARING DATE(S) : 27 and 28 November, 2002 JUDGMENT DATE : 28 November 2002

Clasic International Pty Ltd - Plaintiff PARTIES : Timothy Lagos - First Defendant Con Kariotoglou - Second Defendant JUDGMENT OF : Palmer J

COUNSEL : R. Carruthers - Plaintiff P.D. Rodionoff - Defendants SOLICITORS : Alan Brown & Co - Plaintiff Cumberland Frank - Defendants CATCHWORDS : LANDLORD AND TENANT - RETAIL LEASE - CONTRACT - COMMON MISTAKE - MISTAKE OF LAW - Plaintiff and Defendants entered into agreement for lease of retail shop for a period of less than five years in contravention of s.16(1) Retail Leases Act 1994 (NSW) - parties unaware of Act and provisions of s.16(2) extending term of lease to five years - parties would not have entered into agreement for lease if they had known of effect of Retail Leases Act. Held: Parties had been induced to enter agreement for lease by a common mistake as to a fundamental matter - distinction between mistake of fact and mistake of law now abolished for all purposes in Australia. Corporations Act 2001 (Cth) - s.131 LEGISLATION CITED : Duties Act 1997 (NSW) - s.304 Retail Leases Act 1994 (NSW) - s.3, s.7, s.16, s.79 Supreme Court Rules - Part 36 r10B CASES CITED : Solle v Butcher [1950] 1 KB 671 Cheshire and Fifoot's Law of Contract, 8th Aust Ed DECISION : Plaintiff's Summons dismissed; agreement for lease set aside.