NSW Caselaw
New South Wales Supreme Court
CITATION : Elders Ltd v E J Knight & Co Pty Ltd [2009] NSWSC 1462
HEARING DATE(S) : 19 October 2009
JUDGMENT DATE : 23 December 2009
JURISDICTION : Equity
JUDGMENT OF : White J
DECISION : Direct counsel for Elders and Caversham to bring in short minutes of order in accordance with these reasons.
CATCHWORDS : LANDLORD AND TENANT - agreements for lease – lease signed and held in escrow - breach - whether sale of shares in lessee was a breach of lease or agreement for lease – no rights or obligations of lessee were assigned by the sale of shares – lease was not operative when shares were transferred - no breach of lease or agreement for lease – no written notice served requiring rectification of alleged breach – alleged breach not a material breach – lessor not entitled to call on bank guarantee - LANDLORD AND TENANT - lease – termination – construction of contract – meaning of "date of execution" - notice of termination of lease by lessee was effective
Real Property Act 1900 (NSW) LEGISLATION CITED : Civil Procedure Act 2005 (NSW) Conveyancing Act 1919 (NSW)
CATEGORY : Principal judgment
Alan Estates Ltd v W G Stores Ltd [1982] Ch 511 Security Trust Co v Royal Bank of Canada [1976] AC 503 Fisher v Westpac Banking Corporation (1993) 43 FCR 385 Beesly v Hallwood Estates Ltd [1961] Ch 105 Meredith Projects Pty Ltd v Fletcher Construction Australia Ltd [2000] NSWSC 493 Forklift Engineering Australia Pty Ltd v Powerlift (Nissan) Pty Ltd [2000] VSC 443 Celtech International Ltd v Dalkia Utility Services plc [2004] EWHC 193 (Ch) CASES CITED : Mobileciti Pty Ltd v Vodafone Pty Ltd [2009] NSWSC 899 In the Estate of Williams (dec'd) (1984) 36 SASR 423 MYT Engineering Pty Ltd v Mulcon Pty Ltd [1999] HCA 24; (1999) 195 CLR 636 Hooker Industrial Developments Pty Ltd v Trustees of the Christian Brothers [1977] 2 NSWLR 109 Xenos v Wickham (1866) LR 2 HL 296 Beesly v Hallwood Estates Ltd [1960] All ER 314 Staple of England v Bank of England (1887) 21 QBD 160 Windsor Refrigerator Co Ltd v Branch Nominees Ltd [1961] Ch 88
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