Bettervale v Warehouse Solutions International (No 3) [2015] NSWSC 1356

Supreme Court New South Wales

Medium Neutral Citation: Bettervale v Warehouse Solutions International (No 3) [2015] NSWSC 1356 Hearing dates: 24 August 2015, 25 August 2015, 26 August 2015, 28 August 2015 and 31 August 2015 Date of orders: 09 September 2015 Decision date: 16 September 2015 Jurisdiction: Equity - Real Property List Before: McDougall J Decision: Plaintiff has judgment for possession against both defendants; orders for withdrawal of caveats; and judgment against first defendant for arrears of rent. Catchwords: LEASES – claim by landlord under a sublease for vacant possession – where subleases over three warehouses contained options to renew – where defendant sublessees claim they exercised that option – failure to exercise option in writing as required by the contract – whether options exercised orally – absence of satisfactory evidence to that effect – where four principal witnesses found to be lacking in credibility – issues of fact to be determined on the probabilities regarded objectively – conclusion that options never exercised

ESTOPPEL – whether plaintiff estopped from denying that options had been exercised or that new leases had been entered into – where that case depends upon uncorroborated and unreliable witness evidence – where in any circumstances no detriment – result that no estoppels arise Legislation Cited: Conveyancing Act 1919 (NSW) Cases Cited: Jones v Dunkel (1959) 101 CLR 298 Category: Principal judgment Parties: Bettervale Pty Ltd (Plaintiff) Warehouse Solutions International Pty Ltd (First Defendant) WSI International Pty Ltd (Second Defendant) Representation: Counsel: S A Lawrance (Plaintiff) DR Pritchard SC / A Cornish (Defendants)