NSW Caselaw
New South Wales Court of Appeal
CITATION: American Home Assurance Company v Grimes George St Garage Pty Ltd [2008] NSWCA 318
HEARING DATE(S): 24 October 2008
JUDGMENT DATE: 4 December 2008
JUDGMENT OF: Beazley JA at 1; Hodgson JA at 2; Macfarlan JA at 8
(a) The appeal be allowed. DECISION: (b) That the judgment entered and order made below on 7 December 2007 be set aside. (c) With effect from 7 December 2007, judgment be entered for the appellant in the sum of $798,891.13 together with interest on that sum pursuant to s 100 Civil Procedure Act 2005 from 17 July 2006 to the date of judgment. (d) The respondent pay the appellant's costs of this appeal and of the proceedings at first instance.
CATCHWORDS: CONTRACTS - construction - lease of city premises - whether rental determined pursuant to rent review clause payable only in respect of period commencing once that determination completed
LEGISLATION CITED: Civil Procedure Act 2005
CATEGORY: Principal judgment
CASES CITED: Fitzgerald v Masters (1956) 95 CLR 420 Kooee Communications Pty Ltd v Primus Telecommunications Pty Ltd [2008] NSWCA 5
PARTIES: American Home Assurance Company (Appellant) Grimes George St Garage Pty Ltd (Respondent)
FILE NUMBER(S): CA 40925/07
COUNSEL: D H Murr SC (Appellant) S G Finch SC (Respondent)
SOLICITORS: Minter Ellison (Appellant) Freehills (Respondent)
LOWER COURT JURISDICTION: Supreme Court - Common Law Division
LOWER COURT FILE NUMBER(S): SC 13515/06
LOWER COURT JUDICIAL OFFICER: Howie J
LOWER COURT DATE OF DECISION: 7 December 2007
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