NSW Caselaw
Reported Decision : (2007) ANZ ConvR 21
New South Wales Court of Appeal
CITATION: FALLON STREET PROPERTIES PTY LTD v STEEL & STUFF PTY LTD [2006] NSWCA 296
HEARING DATE(S): 19 September 2006
JUDGMENT DATE: 2 November 2006
JUDGMENT OF: Santow JA at 1; Basten JA at 2; Hunt AJA at 60
DECISION: (1) Allow the appeal in part and set aside order 5 made in the Equity Division on 11 November 2005 and entered on 6 December 2005; (2) In lieu thereof, give judgment for the Respondent (the plaintiff below) in the sum of $342,824; (3) Otherwise dismiss the appeal; (4) Order the Appellant to pay the Respondent's costs of the appeal; (5) Grant the Respondent a certificate under the Suitors' Fund Act 1951 (NSW) in respect of that part of the appeal on which it was unsuccessful, if not disqualified pursuant to s 6(7).
CATCHWORDS: LEASE – Land leased with partly completed development – reduced rent payable – whether lease subject to implied term that landlord should complete the building in accordance with the interim occupation certificate under the Environmental Planning and Assessment Act 1979 (NSW) within a reasonable time - DAMAGES – relocation to new premises – whether cost of relocation so far in excess of costs for completing building that it was not reasonable compensation – whether period for costs of additional rent should not extend beyond the date of termination of existing lease
LEGISLATION CITED: Environmental Planning and Assessment Act 1979 (NSW), ss 109M, 121B
Barrett v Lounova (1982) Ltd [1989] 1 All ER 351 Carbure Pty Ltd v Brile Pty Ltd [2002] VSC 272 Codelfa Construction Pty Ltd v State Rail Authority of NSW (1982) 149 CLR 337 Commonwealth v Amann Aviation Pty Ltd (1991) 174 CLR 64 Coulton v Holcombe (1986) 162 CLR 1 CASES CITED: Erica Vale Australia Pty Ltd v Thompson & Morgan (Ipswich) Ltd (1994) 29 IPR 589 Grosvenor Hotel Company v Hamilton [1894] 2 QB 836 Iyer v Minister for Immigration and Multicultural Affairs [2000] FCA 1788 (Full Court) Lock v Furze (1866) LR 1 CP 441 Multicon Engineering Pty Ltd v Federal Airports Corporation (1997) 47 NSWLR 631 Southwark London Borough Council v Tanner [2001] 1 AC 1 Wyong Shire Council v MCC Energy Pty Ltd (No. 2) [2005] NSWCA 196
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