World Best Holdings Limited v Sarker [2010] NSWCA 24

New South Wales Court of Appeal

CITATION: World Best Holdings Limited v Sarker [2010] NSWCA 24 This decision has been amended. Please see the end of the judgment for a list of the amendments.

HEARING DATE(S): 25/02/2010

JUDGMENT DATE: 15 April 2010

JUDGMENT OF: Tobias JA at 1; Campbell JA at 2; Handley AJA at 3

(1) Appeal as to Grounds 1 -- 15 dismissed; DECISION: (2) Leave to appeal in respect of Grounds 16 -- 22 refused; (3) Appellant to pay the respondent's costs.

CATCHWORDS: CONTRACT – construction - pre-contractual negotiations as such and post-contractual conduct - not admissible on construction. - CONTRACT - party preventing or obstructing performance by other party - cannot take advantage of own wrong - other party not in breach. - CONTRACT – damages - reliance loss - onus on party in breach to prove that performance would not have enabled innocent party to recover expenditure. - LANDLORD & TENANT – repudiation - innocent party entitled to terminate lease - landlord not bound to comply with s 129 of Conveyancing Act. - LANDLORD & TENANT - breach by tenant of essential term - termination by landlord - compliance with s 129 of Conveyancing Act essential. - LANDLORD & TENANT - retail lease - statutory prohibition of unconscionable conduct - landlord in breach. - ADMINISTRATIVE DECISIONS TRIBUNAL - orders for costs - relevant factors. - ADMINISTRATIVE DECISIONS TRIBUNAL – orders for costs - appeal to Supreme Court on questions of law - appeal only by leave.

Administrative Decisions Tribunal Act, s 119(1), (1A)(c) LEGISLATION CITED: Conveyancing Act, s 129 Retail Leases Act, s 8(1), s 62B(1) Supreme Court Act, s 101(2)(c)