South Dowling P/L v Cody Outdoor Advertising P/L [2005] NSWCA 407

New South Wales Court of Appeal

CITATION: South Dowling P/L v Cody Outdoor Advertising P/L [2005] NSWCA 407

HEARING DATE(S): 18/04/2005

JUDGMENT DATE: 25 November 2005

JUDGMENT OF: Hodgson JA at 1; Bryson JA at 7; McClellan CJ at CL at 36

DECISION: Appeal dismissed with costs.

CATCHWORDS: CONTRACT - repudiation - Signage Rights Deed created contractual licence for display of advertising for 10 years and cl.7 obliged Licensor, if the Licensor sold the land, to ensure that the purchaser entered into an agreement with the licensee in terms which preserved the licensee's rights and obligations - the licensor agreed to sell the land, and later transferred the land to a company associated with the purchaser, without ensuring that purchaser or transferee made any arrangement with the licensee - licensee treated this conduct as repudiation, accepted it and ended its use of the Signage - later about five weeks after transfer and three weeks after acceptance, licensor and transferee submitted form of Novation Deed which licensee refused to execute: HELD, the acceptance of repudiation was effective - Decision relates to instant facts and documents only.

Conveyancing Act 1919, s.12 LEGISLATION CITED: Duties Act 1997 (NSW). s.18(3)(d)

Cowell v The Rosehill Racecourse Co Ltd (1937) 56 CLR 605 CASES CITED: Graham H. Roberts Pty Ltd v Maurbeth Investments Pty Ltd [1974] 1 NSWLR 93

South Dowling Pty Ltd - Appellant PARTIES: Cody Outdoor Advertising P/L - Respondent

FILE NUMBER(S): CA 40439/05

J. Simpkins SC - Apellant COUNSEL: N.J. Kidd - Respondent

Home Wilkinson Lowry - App. SOLICITORS: Allens Arthur Robinson - Respondent