NSW Caselaw
New South Wales Supreme Court
CITATION : Phoenix Commercial Enterprises v City of Canada Bay Council [2009] NSWSC 17
HEARING DATE(S) : 07-08/04/08; written submissions 22/04/08-04/07/08; 06/02/09
JUDGMENT DATE : 23 February 2009
JURISDICTION : Equity
JUDGMENT OF : White J
DECISION : Counsel for the defendant to bring in short minutes of order in accordance with reasons.
CATCHWORDS : CONTRACTS – general contractual principles – construction and interpretation of contracts – commercial lease – meaning of 'general advertising structure' – advertising need not be the sole or principal purpose of the erection of the structure - SET-OFF – equitable set-off – commercial lease – whether breach of exclusivity clause was so closely connected with obligation to pay rent that it would be unjust for the lessor to recover rent without deduction – breach of exclusivity clause did not diminish the value of the lease – insufficient for set-off that competing liquidated claims arose under the same instrument – no set-off
Fair Trading Act 1987 (NSW) Environmental Planning and Asssessment Act 1979 (NSW) LEGISLATION CITED : Local Government Act 1919 (NSW) Roads Act 1993 (NSW) Civil Procedure Act 2005 (NSW) Conveyancing Act 1919 (NSW)
CATEGORY : Principal judgment
BP Refinery (Westernport) Pty Ltd v Hastings Shire Council (1977) 180 CLR 266 Burns Philp Hardware Pty Ltd v Howard Chia Pty Ltd (1987) 8 NSWLR 642 Riltang Pty Ltd v L Pty Ltd [2004] NSWSC 977; (2004) 12 BPR 22,347 Westfield Management Ltd v Perpetual Trustee Co Ltd [2007] HCA 45; (2007) 233 CLR 528; 239 ALR 75; 81 ALJR 1887 CASES CITED : Gardner v Agricultural & Rural Finance Pty Ltd [2007] NSWCA 235 Eastlake Golf Club v Botany Bay Council [2007] NSWLEC 236 McCann v Switzerland Insurance Australia Ltd [2000] HCA 65; (2000) 203 CLR 579 Re Application of Keith Bray Pty Ltd (1991) 23 NSWLR 430 National Australia Bank Ltd v Idoport Pty Ltd [2007] NSWSC 1349 M Lambert Pty Ltd v N A & T Papadatos Pty Ltd (1991) 5 ACSR 468
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