NSW Caselaw
New South Wales Court of Appeal
CITATION: R & J LYONS FAMILY SETTLEMENT PTY LTD v 155 MACQUARIE STREET PTY LTD [2006] NSWCA 177
HEARING DATE(S): 29 June 2006
JUDGMENT DATE: 29 June 2006
JUDGMENT OF: Mason P at 1; Hodgson JA at 32; Tobias JA at 38
EX TEMPORE JUDGMENT DATE: 06/29/2006
DECISION: Appeal dismissed with costs.
CATCHWORDS: LANDLORD AND TENANT – Covenants in lease – Not generally preconditions to performance – Rent usually payable notwithstanding demised premises unusable. - CONTRACTS – Construction and interpretation – Deed of settlement – Where precludes further action on issues joined by claimant – Whether precludes cross-claim by opponents.
LEGISLATION CITED: Conveyancing Act 1919
Bishop v Moy [1963] 468 Macquarie Street Pty Ltd [2006] NSWSC 625 CASES CITED: McDonnell & East Ltd v McGregor (1936) 56 CLR 50 R & J Lyons Family Settlement Pty Ltd v 155 Woodfall on Landlord and Tennant 28th ed
PARTIES: R & J LYONS FAMILY SETTLEMENT PTY LTD & ANOR v 155 MACQUARIE STREET PTY LTD & ANOR
FILE NUMBER(S): CA 40388/06
COUNSEL: Claimants: M Einfeld QC/ M Cohen Opponents: M McCulloch SC / P McDonald
SOLICITORS: Claimants: Wright Stell Opponents: Henry Davis York
LOWER COURT JURISDICTION: Supreme Court
LOWER COURT FILE NUMBER(S): SC 1652/06
LOWER COURT JUDICIAL OFFICER: Windeyer J
LOWER COURT DATE OF DECISION: 22 June 2006
LOWER COURT MEDIUM NEUTRAL CITATION: [2006] NSWSC 625
IN THE SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL CA 40388/06
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