NSW Caselaw
Reported Decision : 73 NSWLR 68
New South Wales Supreme Court
CITATION : Sydney West Area Health Service v Staracek [2008] NSWSC 744
HEARING DATE(S) : 15/07/2008
JUDGMENT DATE : 23 July 2008
JURISDICTION : Equity
JUDGMENT OF : Bryson AJ at 1
DECISION : (1) Proceedings are adjourned for further consideration on Monday 10 November 2008 at 10 am before me. (2) Costs reserved.
CATCHWORDS : LESSOR and LESSEE - option to renew - Prescribed Notice under Conveyancing Act 1919 s 133E - response to exercise of option disputed exercise but contained no statement referring to dispute being subject to any order of the Court under s 133F HELD strict compliance was required and lessee's breaches of repair covenants did not defeat exercise of option - Specific Performance is discretionary and would not be ordered until repairs were carried out - proceedings adjourned for completion of repairs.
Conveyancing Act 1919 LEGISLATION CITED : Interpretation Act 1987 Real Property Act 1900
Bay Marine Pty Ltd v Clayton Properties (1984) 9 ACLR 780 Black v Garnock (2007) 230 CLR 438 Brennan v Kanjala Pty Ltd (1993) 6 BPR 13,168 Ell v Cisera (2001) NSW Conv R 55-991, [2000] NSWSC 768 Gilbert J McCaul (Aust) Pty Ltd v The Pitt Club Ltd (1957) 59 SR (NSW) 122 CASES CITED : Mannai Ltd v Eagle Star Association Co Ltd [1997] AC 749 Manton v Parabolic Pty Ltd (1985) 2 NSWLR 361 Mercantile Credits Ltd v The Shell Co. of Australia Ltd (1976) 136 CLR 326 Nameless Shameless and Legless Pty Ltd v 2 Rosen Street Pty Ltd [2004] NSWSC 519 Re Infomedia Pty Ltd (2000) 18 ACLC 625 [2000] NSWSC 649 Tanwar Enterprises Pty Ltd v Cauchi (2003) 217 CLR 315
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