GMC Healthcare Pty Limited v Shao [2016] NSWSC 741

Supreme Court New South Wales

Medium Neutral Citation: GMC Healthcare Pty Limited v Shao [2016] NSWSC 741 Hearing dates: 13 April 2016 Date of orders: 09 June 2016 Decision date: 09 June 2016 Jurisdiction: Equity Before: Darke J Decision: Declarations to be made in conformity with conclusions of the Court on various questions of construction. Catchwords: LANDLORD AND TENANT – rent – commercial lease of medical centre – provision for rental discount – construction – meaning of "rent review date" – meaning of "Full Time Equivalence doctors" – whether lessee under an obligation to provide information to lessor in relation to rental discount – at what times is the rental discount to be determined – in respect of what period is the rental discount assessed

CONTRACTS – construction and interpretation – implied terms – commercial lease of medical centre provides for rental discount – discount depends upon number of "Full Time Equivalence doctors" carrying on practice at the premises – information about number of doctors peculiarly within knowledge of lessee – whether necessary that lessee provide information concerning number of doctors to enable performance of obligations under contract Cases Cited: Commonwealth Bank v Barker [2014] HCA 32; (2014) 253 CLR 169; Secured Income Real Estate (Australia) Limited v St Martins Investments Pty Limited (1979) 144 CLR 596 Texts Cited: "Terms Implied in Fact: the Basis for Implication" (1998) 13 Journal of Contract Law 103; J W Carter et al, 'Terms Implied in Law: 'Trust and Confidence' in the High Court of Australia" (2015) 32 Journal of Contract Law 203 Category: Principal judgment Parties: GMC Healthcare Pty Limited (Plaintiff) Jing Yu Shao (First Defendant) Shelly Peng (Second Defendant) Representation: Counsel: Mr M Astill (Plaintiff) Mr D D Knoll AM (Defendants)