OXS Pty Ltd v Sydney Harbour Foreshore Authority and Minister for Planning and Environment [2014] NSWSC 1174

Supreme Court New South Wales

Medium Neutral Citation: OXS Pty Ltd v Sydney Harbour Foreshore Authority and Minister for Planning and Environment [2014] NSWSC 1174 Hearing dates: 15 - 18 and 22 July 2014 Decision date: 26 August 2014 Jurisdiction: Common Law Before: Black J Decision: Orders made for dismissal of plaintiff's claim against second defendant and for plaintiff to pay the second defendant's costs of proceedings, as agreed or assessed. Parties to be heard in respect of damages and costs in proceedings between plaintiff and first defendant. Catchwords: CONTRACTS - existence of contract - where relevant premises leased to plaintiff by relevant defendant - where current lease has expired - whether relevant correspondence between parties purporting gave rise to binding contract to grant a new lease - whether relevant correspondence had sufficient certainty to give rise to an enforceable contract - whether lease on "commercial terms" is sufficiently certain - whether conditions of contract needed to be satisfied by relevant date - whether ministerial consent was provided for entry into contract under Sydney Harbour Foreshore Authority Act 1998 (NSW) s 19 - whether entry into contract was valid absent ministerial consent - whether relevant defendant is bound by implied term to seek ministerial consent.

EQUITY - equitable remedies - specific performance - where plaintiff seeks order for specific performance of contract under subsequent and not original terms - where contract is too uncertain to have contractual effect - defence of delay - whether specific performance should be granted.

TRADE PRACTICES - misleading or deceptive conduct - whether alleged representations were made by relevant defendant - whether relevant representations were misleading or deceptive or likely to mislead or deceive - whether plaintiff had relied on alleged representations - whether it can be established that loss and damage suffered by plaintiff was caused by alleged representations - application of Australian Consumer Law s 18 and Retail Leases Act 1994 (NSW) s 62D.