Miwa Pty Ltd v Siantan Properties Pte Ltd [2011] NSWCA 297

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Miwa Pty Ltd v Siantan Properties Pte Ltd [2011] NSWCA 297 Hearing dates: 16 June 2011 Decision date: 19 September 2011 Before: McColl JA at 1; Basten JA at 2; Campbell JA at 51 Decision: (1) Grant leave to appeal and direct that, within 7 days, the applicant file a notice of appeal in the terms of the draft notice contained in the white folder. (2) Allow the appeal and set aside orders made by Windeyer AJ on 21 October 2010. (3) Order that the first respondent be permanently restrained from making any demand in writing on Macquarie Bank Ltd pursuant to the guarantee given on 15 April 1996 numbered 323/03 96. (4) Order that the first respondent forthwith deliver the original of the bank guarantee referred to in the previous order to the appellant at its address for service in these proceedings. (5) Order that the first respondent pay the appellant's costs of the proceedings in this Court and in the Court below. [Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.] Catchwords: LANDLORD AND TENANT - construction of lease - option to renew - whether lease required lessor to make payment on lessee's exercise of option to renew - whether such a result absurd