G & E Avakoumides Pty Limited v Commonwealth Funds Management [2004] NSWSC 711

New South Wales Supreme Court

CITATION : G & E Avakoumides Pty Limited v Commonwealth Funds Management [2004] NSWSC 711 HEARING DATE(S) : 16, 17 and 18 June and 12 July 2004 JUDGMENT DATE : 6 August 2004 JURISDICTION: Equity Division JUDGMENT OF : Windeyer J at 1 DECISION : Judgment for defendants.

CATCHWORDS : LEASES AND TENANCIES - commercial tenancies - negotiations to lease different premises - where series of offer documents "subject to ... approval ... contract and availability" - whether alleged oral acceptance of written offer document sufficient to create binding agreement - effect of s54A Conveyancing Act 1919. - TRADE PRACTICES - misleading and deceptive conduct - s52 Trade Practices Act 1974 (Cth) - dispute as to floor area to be leased - where defendants negotiating with third parties - representations alleged not supported by evidence. - TRADE PRACTICES - unconscionable conduct - s51AA Trade Practices Act 1974 (Cth) - whether manner of negotiations breached section. LEGISLATION CITED : Conveyancing Act 1919 s54A Trade Practices Act 1974, s51AA Endeavour Homes (Aust) Pty Ltd v Mid Sydney Pty Ltd (unreported Windeyer J NSWSC 9 May 1995) CASES CITED : Landsmiths Pty Ltd v Hall (1999) 9 BPR 17,057 Pirie v Saunders (1961) 104 CLR 149 G & E Avakoumides Pty Limited (Plaintiff) PARTIES : Commonwealth Funds Management Limited (First Defendant) Mirvac Funds Limited (Second Defendant) FILE NUMBER(S) : SC 5354 of 2002 COUNSEL : Mr Paul Finch (Plaintiff) Mr John Graves SC with him Mr Sydney Jacobs (Defendants) SOLICITORS : Makinson & d'Apice (Plaintiff) Gadens (Defendants)