NSW Caselaw
New South Wales Court of Appeal
CITATION: Dr Bronte Douglass v Lawton Pty Limited & Anor [2007] NSWCA 89
HEARING DATE(S): 7 December 2006
JUDGMENT DATE: 18 April 2007
JUDGMENT OF: Beazley JA at 1; Hodgson JA at 86; Basten JA at 99
DECISION: The appeal is dismissed with costs.
CATCHWORDS: Estoppel – representations as to number of car spaces - whether respondent knowingly refrained from disputing rental review process - Leases – exclusive possession – whether Lessor in breach of covenant of quiet enjoyment - Leases – fit-out of premises - whether property passed in items of fit-out – construction of fit-out clause - substantial benefit obtained by lessee for payments made for fit-out – no total failure of consideration - Leases – fit-out of premises - whether items in fit-out had become fixtures – construction of fit-out clause - Leases – tenant's fixtures – failure to remove
LEGISLATION CITED: Trade Practices Act 1974 (Cth)
Baltic Shipping Co v Dillon (1993) 176 CLR 344; [1993] HCA 4 David Securities Pty Ltd v Commonwealth Bank of Australia (1992) 175 CLR 353 McDonald v Dennys Lascelles Ltd (1933) 48 CLR 457; [1933] HCA 25 CASES CITED: Peter Butt "Land Law" 5th (ed) Roxborough v Rothmans of Pall Mall Australia Ltd (2001) 208 CLR 516 Rowland v Divall [1923] 2 KB 500 Suttor v Gundowda Pty Ltd (1950) 81 CLR 418; [1950] HCA 35 The Commonwealth v Verwayen (1990) 170 CLR 394; [1990] HCA 39
Dr Bronte Douglass (Appellant) PARTIES: Lawton Pty Limited (First Respondent) John Pickford (Second Respondent)
FILE NUMBER(S): CA 40385/06
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