Randi Wixs Pty Limited v Kennedy [2009] NSWSC 933

New South Wales Supreme Court

CITATION : Randi Wixs Pty Limited v Kennedy [2009] NSWSC 933

HEARING DATE(S) : 20 & 21 April 2009

JUDGMENT DATE : 9 September 2009

JUDGMENT OF : Smart AJ

DECISION : Claim for rectification dismissed.

CATCHWORDS : Lease prepared which did not reflect determination of Administrative Decision Tribunal as to its principal terms - rent erroneously stated in lease - transfer of property to third party - lease supplied to purchaser of property signed by landlord-vendor and by managing director of plaintiff-tenant - attestation clause by plaintiff as tenant not correctly completed - lease rejected for registration but capable of being treated as agreement for lease and specifically performed - plaintiff has no personal equity against defendant third party and any personal equity plaintiff may have is not one capable of being enforced against him as registered proprietor

LEGISLATION CITED : Real Property Act 1900

CATEGORY : Principal judgment

APA Association Ltd v Rogers (1943) 43 SR (NSW) 202 ASL Developments Limited v Sargent & Anor (1974) 131 CLR 634 Bahr & Anor v Nicolay & Ors (No 2) (1987 – 1988) 164 CLR 604 Barnhart v Greenshields 14 ER 204 Carberry v Gardiner (1936) 36 SR (NSW) 559 CASES CITED : Farah Constructions Pty Ltd and Others v Say-Dee Pty Limited (2007) 230 CLR 89 Harris v Smith & Ors [2008] NSWSC 545 LHK Nominees Pty Ltd v Kenworthy (2002) 26 WAR 517 Macquarie Bank Ltd v Sixty-Fourth Throne Pty Ltd (1998) 3 VR 133 Ong & Anor v Luong & Anor NSWSC, McLelland J, 30 August 1991, 1991 NSW Conv R 55,597 Robinson v Young [2005] NSWSC 777 Smith v Jones 1954 2 All ER 823