Kids for Life v Chamberlain Group [2014] NSWSC 1561

Supreme Court New South Wales

Medium Neutral Citation: Kids for Life v Chamberlain Group [2014] NSWSC 1561 Hearing dates: 28/10/2014 and 29/10/2014 Decision date: 07 November 2014 Jurisdiction: Equity Division Before: McDougall J Decision: See at [165] Catchwords: LANDLORD AND TENANT - assignment, severance and sublease - assignment of lease - whether there was an agreement for assignment of lease in equity - where duly executed and stamped Transfer of Lease provided to landlord for registration - where landlord agreed to attend to registration of transfer "ASAP" - where no provision for landlord's consent to be signified on transfer of lease form - whether executed and stamped transfer of lease sufficient evidence in writing for s 54 of the Conveyancing Act 1919 (NSW)

LANDLORD AND TENANT - assignment, severance and sublease - assignment of lease - consent - whether the landlord consented to the assignment of lease - where landlord would have had no objection to the assignment of lease - where landlord knew that it was the operator who was in actual occupation of the premises - where landlord prepared to attend to registration of lease - is the consent to assignment of lease required to be evidenced in writing - was the agreement for assignment of the lease evidenced in writing

CONTRACT - whether consensus intended to constitute a binding contract -where agreement to procure registration of transfer of lease reached - whether intention, as it appears from the terms of the document, was that the agreement would not be binding until formal documents were prepared, signed and exchanged - where parties saw agreement as achieving resolution of their disputes - where parties intended that a formal document later be prepared - where landlord was to attend to registration "ASAP" - where some matters left to be determined later by the parties