Mega & Co Pty Ltd t/as Oporto Clarence Street v Elanor Funds Management Ltd as Trustee for 193 Clarence Hotel Syndicate [2016] NSWCATCD 60

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Mega & Co Pty Ltd t/as Oporto Clarence Street v Elanor Funds Management Ltd as Trustee for 193 Clarence Hotel Syndicate [2016] NSWCATCD 60 Hearing dates: 5 May 2016 Decision date: 20 July 2016 Jurisdiction: Consumer and Commercial Division Before: D Patten, Principal Member Decision: 1 Declare that the lessee Mega and Company Pty Ltd on or about 15 September 2015 validly exercised the option to renew registered lease AE778223K in respect of property Part 1/55298 being Ground Floor Shop 193 Clarence St Sydney for a term of five years commencing 1 February 2016 and terminating 31 January 2021 in accordance with cl 2.08 of variation to the said lease AG354012P. 2 Order that the lessor Elanor Funds Management Ltd pay the lessees costs on the ordinary basis as agreed or assessed. Catchwords: Disputed exercise of option for renewal of lease – findings that valid notice given and received within option period. Legislation Cited: Retail Leases Act Civil and Administrative Tribunal Act Interpretation Act Conveyancing Act Cases Cited: Bressan v Squires (1974) 2 NSWLR 460; Comdox v Robins [2009] NSWSC 367; Elizabeth City Centre Pty Ltd v Corralyn Pty Ltd (1994) 63 SASR 235; Holwell Securities Ltd v Hughes [1974] 1 WLR 155; Levitt v Illawarra Seafood Pty Ltd (No 2); Kearney J 29 April 1983; Lolly Pops (Harbourside) Pty Ltd v Werncog Pty Ltd Young J 1 July 1998; McGregor v Henry [2006] NSWSC 368; Ring v RW & CD Investments Pty Ltd Barrett J 11 November 2004; Wallville Pty Ltd v Liristis Holdings Pty Ltd Bryson J 16 October 2001; Parras v FAI General Insurance Company; Santow J 23 November 2001; and FAI General Insurance Company Ltd v Parras 55 NSWLR 498. Category: Principal judgment Parties: Mega & Co Pty Ltd t/as Oporto Clarence Street (Applicant) Elanor Funds Management Ltd as Trustee for 193 Clarence Hotel Syndicate (Respondent) Representation: Counsel: Mr K Morrissey for the applicant Ms J P Muir for the respondent Solicitors: Baker & McKenzie File Number(s): COM 16/02024 Publication restriction: Nil