NSW Caselaw
New South Wales Supreme Court
CITATION : WALLVILLE PTY LTD v. LIRISTIS HOLDINGS PTY LTD [2001] NSWSC 894 CURRENT JURISDICTION: EQUITY FILE NUMBER(S) : SC 4140/2001 HEARING DATE(S) : 8/10/2001 JUDGMENT DATE : 16 October 2001
PARTIES : Wallville Pty Ltd - Plaintiff Liristis Holdings Pty Ltd - Defendant JUDGMENT OF : Bryson J at 1
COUNSEL : R.J. Powell - Plaintiff L.J.W. Aitken - Defendant SOLICITORS : Bowring Stone Lawyers - Plaintiff Marsdens Solicitors - Defendant CATCHWORDS : LESSOR AND LESSEE - option to renew - exercise of option by notice in writing - on the facts it was found that notice had not been given - exercise of option by posting notice - consideration whether posting notice is sufficient if not received or not received within available time for exercise - consideration of operation of s.170 Conveyancing Act 1919. LEGISLATION CITED : Conveyancing Act 1919 s.170 Cushing v. The Lady Barkly Gold Mining Co. (1883) 9 VLR (Eq) 108 McCaul (Aust) Pty Ltd v. Pitt Club Limited (1959) SR NSW 122 CASES CITED : Holwell Securities Limited v. Hughes [1973] 1 WLR 757 (Templeman J) [1974] 1 WLR 162 (CA) Bressan v.Squires [1974] 2 NSWLR 460 Levitt v. Illawarra Seafood Pty Ltd (No. 2) [1983] 3 BPR [97165] Lolly Pops (Harbourside) Pty Ltd v. Werncog Pty Ltd [1998] 9 BPR [97719] DECISION : Declaration that option not exercised - See para [38] for Orders.
IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION 4140 OF 2001 BRYSON J.
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