Bong Bong Town Centre v Illawarra Clay Target Club [2015] NSWSC 316

Supreme Court New South Wales

Medium Neutral Citation: Bong Bong Town Centre v Illawarra Clay Target Club [2015] NSWSC 316 Hearing dates: 24 March 2015 Decision date: 24 March 2015 Jurisdiction: Equity Division Before: McDougall J Decision: Defendant is liable to remove lead contamination from, and otherwise make good, the leased land under and to the extent required by cl 5 of the lease, and in default to reimburse plaintiff for doing so. Catchwords: CONTRACT - lease - construction of remediation clause - where clause required lessee to remove lead contamination from the land and to put the land in a condition suitable for development - where variation of lease inserted new clause qualifying those obligations - whether the lease required the lessee to remediate the land any further than removing lead contamination - notice procedure to trigger obligation - where notice went further than stipulating obligations by providing suggested method of compliance – whether notice valid Category: Principal judgment Parties: Bong Bong Town Centre Pty Limited (Plaintiff) Illawarra Clay Target Club Limited (Defendant) Representation: Counsel: T A Berberian (Plaintiff) D H Murr SC (Defendant)

Solicitors: Colin Biggers & Paisley (Plaintiff) Kells (Defendant) File Number(s): 2013/214956

Judgment (ex tempore – revised 24 march 2015) 1. HIS HONOUR: On 15 September 2008, the plaintiff (Town Centre) leased land at Horsley to the defendant (the Club). The lease was for a period of two years ending on 14 September 2010. 2. There were two variations to the lease. By the second, dated 9 May 2011, the term of the lease was increased to four years expiring on 14 September 2012. In addition, a new clause was inserted.