Enviro Remote Sensing Australia Pty Limited v Bankstown Airport Limited [2008] NSWSC 1001

New South Wales Supreme Court

CITATION : Enviro Remote Sensing Australia Pty Limited v Bankstown Airport Limited [2008] NSWSC 1001

HEARING DATE(S) : 15-17 July and 18 September 2008

JUDGMENT DATE : 25 September 2008

JURISDICTION : EQUITY DIVISION

JUDGMENT OF : Windeyer J at 1

DECISION : Breach of contract established. Nominal damages awarded.

CATCHWORDS : LANDLORD AND TENANT – Breach of covenant by lessee – notice to remedy breach given under s129 of Conveyancing Act 1919 – notice signed by solicitor for lessor – no evidence of authority – whether notice valid - re-entry for non-compliance with notice – whether re-entry a repudiation accepted by the lessee - LANDLORD AND TENANT – Breach of covenant required by notice – whether adequate time given prior to re-entry – whether new approval of plans by building authority required - PRINCIPAL AND AGENT – Notice to remedy breach of covenant of lease signed by solicitor – whether authority implied - STATUTORY INTERPRETATION - Airports Act 1996 (Cth) and Airports (Building Control) Regulations 1996 (Cth) – whether prior approval remains in force if building works commenced within the prescribed period but not completed during the period – effect of transitional provisions on existing building entitlement - DAMAGES – Reliance damages – circumstances where evidence established the lease was of no value and no case put forward of loss of income from proposed activities of the lessee – onus of proof in reliance damages

Acts Interpretation Act 1901 (Cth) Airports Act 1996 (Cth) Airports (Building Control) Regulations 1996 (Cth) LEGISLATION CITED : Conveyancing Act 1919 Corporations Act 2001 (Cth) National Security (Landlord and Tenant) Regulations 1941 (Cth) Trade Practices Act 1974 (Cth)