NSW Caselaw
New South Wales Supreme Court
CITATION : Werrong Properties Pty Ltd v Standard Options Australia Pty Ltd [2006] NSWSC 272 This decision has been amended. Please see the end of the judgment for a list of the amendments.
HEARING DATE(S) : 15, 16, 17, 18, 19 August 2005. Written submissions filed 6, 13 and 20 September 2005
JUDGMENT DATE : 10 April 2006
JUDGMENT OF : Burchett AJ at 1
DECISION : Order to be made in favour of the Plaintiff pursuant to short minutes to be brought in.
CATCHWORDS : Tenancy at will arising out of ineffective oral agreement for lease for three years plus option of three years - effect of nil payment of rent - evidence showing occupation - effect of option under s 23D of the Conveyancing Act - construction of provision of oral agreement relating to cost of fit out and furnishing - whether suitable as a term of lease at will created by law.
LEGISLATION CITED : Conveyancing Act 1919, secs. 23C, 23D, 127
Braythwayte v Hitchcock1842) 10 M & W at 497; 152 ER at 567 Chan v Cresdon Proprietary Limited (1989) 168 CLR 242 Hamerton v Stead (1824) 3 B & C 478; 107 ER 811 Leask v Farlmist Pty Ltd (1998) BC 9806783 CASES CITED : Ledger v Cleveland Nominees Pty Ltd [2001] WASCA 269 Martin v Hogan (1917) 24 CLR 234 Moore v Dimond (1929) 43 CLR 105 Turner v York Motors Proprietary Limited (1951) 85 CLR 55 Peter Butt, Land Law (5 ed, 2006) at sec 1558; sec 1524 and cf secs. 1527, 1533 P.W. Young, Conveyancing and Real Property Legislation New South Wales, (3 ed, 2003), secs. 30429.10, 30429.15
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