NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: Sparway Pty Ltd v Lakkis [2017] NSWSC 1465 Hearing dates: 18-19 October 2017 Date of orders: 26 October 2017 Decision date: 26 October 2017 Jurisdiction: Equity Before: Darke J Decision: Binding agreement alleged by plaintiff not established Catchwords: CONTRACTS – formation of contract – oral contract – plaintiff claims binding oral agreement to vary lease – no reliance placed by defendant on Conveyancing Act 1919 (NSW), s 54A – binding oral agreement not established
LEASES AND TENANCIES – variation of lease – oral variation - plaintiff claims binding oral agreement to vary lease – no reliance placed by defendant on Conveyancing Act 1919 (NSW), s 54A – binding oral agreement not established Legislation Cited: Conveyancing Act 1919 (NSW), ss 23C, 54A Cases Cited: Baloglow v Konstantinidis (2001) 11 BPR 20,271; [2001] NSWCA 451 Brambles Holdings Ltd v Bathurst City Council (2001) 53 NSWLR 153; [2001] NSWCA 61 Khoury v Khouri (2006) 66 NSWLR 241; [2006] NSWCA 184 Suttor v Gundowda Pty Ltd (1950) 81 CLR 418 Category: Principal judgment Parties: Sparway Pty Ltd (Plaintiff) Antoun Lakkis (Defendant) Representation: Counsel: Mr A P Coleman SC with Mr A C Harding (Plaintiff) Mr D C Eardley (Defendant)
Solicitors: K&L Gates (Plaintiff) Theodore Solomon and Partners (Defendant) File Number(s): 2017/73775 Publication restriction: None
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