Kyrollos 4M Pty Ltd v Bassal [2018] NSWSC 833

Supreme Court New South Wales

Medium Neutral Citation: Kyrollos 4M Pty Ltd v Bassal [2018] NSWSC 833 Hearing dates: 28 May 2018 Date of orders: 06 June 2018 Decision date: 06 June 2018 Jurisdiction: Equity Before: Darke J Decision: Declaration made that lessee validly exercised option to renew, orders made for specific performance of obligation to grant new lease, and refund of amount of overpayment of rent. Catchwords: LAND LAW – leases – option to renew lease – alleged breaches of lease by lessee –prescribed notice under s 133E of Conveyancing Act not served – lessee seeks specific performance of obligations to grant new lease – lessor complains of continuing breaches by lessee – discretion to grant or withhold specific performance – specific performance granted

LAND LAW – leases – rent – provision for review of rent – appointment of valuer to determine current market rent – valuer suggests procedure that departs from provisions of lease – parties agree to procedure and agree to be bound by valuer's determination – variation of lease – estoppel by convention – valuer's determination binding Legislation Cited: Conveyancing Act 1919 (NSW), s 133E Cases Cited: Brambles Holdings Ltd v Bathurst City Council (2001) 53 NSWLR 153; [2001] NSWCA 61 Miller Heiman Pty Ltd v Sales Principles Pty Ltd (2017) 94 NSWLR 500; [2017] NSWCA 106 Moratic Pty Ltd v Gordon (2007) 13 BPR 24,713; [2007] NSWSC 5 Sydney West Area Health Service v Staracek (2008) 73 NSWLR 68; [2008] NSWSC 744 Category: Principal judgment Parties: Kyrollos 4M Pty Ltd (Plaintiff) Tarek Bassal (First Defendant) Maysa Bassal (Second Defendant) Samia Bassal (Third Defendant) Representation: Counsel: Mr M Sahade (Plaintiff) Mr B DeBuse (Second and Third Defendants)