NSW Caselaw
New South Wales Court of Appeal
CITATION: Azkanaad Pty Limited v Galanos Bros Pty Limited [2008] NSWCA 185
HEARING DATE(S): 7 July 2008
JUDGMENT DATE: 11 August 2008
JUDGMENT OF: Hodgson JA at 1; Ipp JA at 70; Handley AJA at 71
DECISION: Appeal dismissed with costs.
CATCHWORDS: LANDLORD AND TENANT – Agreement for lease – Whether concluded agreement for lease contained in correspondence – Whether concluded agreement for long-term lease constituted by entry into possession and payment of rent – Whether landlord waived entitlement to rent increase. - SPECIFIC PERFORMANCE – Requirement of proof of readiness, willingness and ability.
LEGISLATION CITED: Conveyancing Act 1919 (NSW) s 127
CATEGORY: Principal judgment
Australian Broadcasting Corporation v XIVth Commonwealth Games Ltd (1998) 18 NSWLR 540 Hali Retail Stores Pty Limited v Havaz [2007] NSWSC 412 CASES CITED: Legione v Hateley [1983] HCA 11, (1983) 152 CLR 406 Marshall v The Council of the Shire of Snowy River (1994) 7 BPR 14,447 Pirie v Saunders (1961) 104 CLR 149
PARTIES: AZKANAAD PTY LIMITED (Appellant) GALANOS BROS PTY LIMITED (Respondent)
FILE NUMBER(S): CA 40146/08
COUNSEL: M V SAHADE (Appellant) G P McNALLY SC (Respondent)
SOLICITORS: Philip Goldman & Co (Appellant) VA Lawyers (Respondent)
LOWER COURT JURISDICTION: Supreme Court - Equity Division
LOWER COURT FILE NUMBER(S): SC 2454/08
LOWER COURT JUDICIAL OFFICER: Gzell J
LOWER COURT DATE OF DECISION: 16 May 2008
LOWER COURT MEDIUM NEUTRAL CITATION: Azkanaad v Galanos (No 2) [2008] NSWSC 476
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