Viva Plastic Pty Limited v Stoermer [2006] NSWSC 948

New South Wales Supreme Court

CITATION : Viva Plastic Pty Limited v Stoermer [2006] NSWSC 948

HEARING DATE(S) : 29 August 2006

JUDGMENT DATE : 29 August 2006

JURISDICTION : Equity Division

JUDGMENT OF : Palmer J

EX TEMPORE JUDGMENT DATE : 08/29/2006

DECISION : No binding agreement for lease.

CATCHWORDS : LEASE – whether informal oral acceptance of terms of lease resulted in immediately binding agreement for lease – whether defendant estopped from denying existence of binding agreement for lease.

- Air Great Lakes Pty Ltd v K.S. Easter (Holdings) Pty Ltd (1985) 2 NSWLR 309 CASES CITED : - Baulkham Hills Private Hospital Pty Ltd v G.R. Securities Pty Ltd (1986) 40 NSWLR 622 - Film Bars Pty Ltd v Pacific Film Laboratories Pty Ltd (1979) 1 BPR 9251 - Godecke v Kirwan (1973) 129 CLR

PARTIES : Viva Plastic Pty Ltd – Plaintiff Christian Herbert Stoermer – Defendant

FILE NUMBER(S) : SC 4099/06

COUNSEL : G. Carolan – Plaintiff S.J. Burchett – Defendant

SOLICITORS : William Roberts Lawyers – Plaintiff Hartmann & Associates – Defendant

Introduction

1 The Plaintiff seeks a declaration that it is entitled to a lease of factory premises at St Marys in which it is conducting a business. 2 The Defendant, the owner of the property, denies that there is a lease in existence. He says that the Plaintiff has been occupying the premises only as a monthly tenant, that the Plaintiff has been substantially in arrears of rent, that the Defendant has given to the Plaintiff a Notice to Quit, and that the Defendant is entitled to possession, that Notice having expired. 3 The Defendant has sold the property with vacant possession. The sale is due to be settled within a few days. The proceedings have, therefore, come into the Duty Judge List to be heard urgently on a final basis.