Kegran Pty Ltd v Warrik Pty Ltd [2018] NSWSC 1357

Supreme Court New South Wales

Medium Neutral Citation: Kegran Pty Ltd v Warrik Pty Ltd [2018] NSWSC 1357 Hearing dates: 21-22 August 2018 Date of orders: 03 September 2018 Decision date: 03 September 2018 Jurisdiction: Equity Before: Darke J Decision: Plaintiff has validly exercised option to renew lease. Orders made for specific performance of the agreement to grant new lease. Catchwords: LAND LAW – leases – notice of exercise of option to renew lease – service of written notice of exercise required – service by email sufficient if email received by person with authority – presumption in s 161 of the Evidence Act 1995 (NSW) that email communication was received at the destination to which it appears from the document to have been sent – provision in lease about modes of service is facultative not mandatory – notice held to have been served in accordance with requirements of lease Legislation Cited: Evidence Act 1995 (NSW), s 161 Cases Cited: FAI General Insurance Company Ltd (in liquidation) v Parras (2002) 55 NSWLR 498; [2002] NSWCA 334 Kavia Holdings Pty Ltd v Suntrack Holdings Pty Ltd [2011] NSWSC 716 Papantoniou v Stonewall Hotel Pty Ltd [2018] NSWCA 85 Spectra Pty Ltd v Pindari Pty Ltd [1974] 2 NSWLR 617 Spencer v Bamber [2012] NSWCA 274 Category: Principal judgment Parties: Kegran Pty Ltd (Plaintiff) Warrik Pty Ltd (Defendant) Representation: Counsel: Mr S Balafoutis with Ms F St. John (Plaintiff) Mr J Foley (Defendant)

Solicitors: HBL Business & Property Lawyers (Plaintiff) S G Legal Services Pty Ltd (Defendant) File Number(s): 2017/379766 Publication restriction: None