Australian Commercial Marketing Pty Ltd v Gold [2018] NSWSC 1701

Supreme Court New South Wales

Medium Neutral Citation: Australian Commercial Marketing Pty Ltd v Gold [2018] NSWSC 1701 Hearing dates: 17-18 September 2018; 22 October 2018 Date of orders: 12 November 2018 Decision date: 12 November 2018 Jurisdiction: Equity Before: Darke J Decision: Option to renew Rental Agreement validly exercised by defendant. No concluded agreement for defendant to occupy additional space in premises. Defendant liable to pay outstanding rent, and damages for trespass. Catchwords: LAND LAW – licences – written agreement for defendant to occupy part of premises for one year with option to renew for further three years – whether agreement included additional oral terms – whether option to renew could be validly exercised by notice given verbally – rent review clause too uncertain to be enforceable – unenforceability of rent review clause does not render the option unenforceable – option validly exercised – whether further agreement reached as to occupation of additional space in the premises – defendant not entitled to occupy additional space and exclude plaintiff from premises – defendant liable to pay outstanding rent and damages for trespass Cases Cited: Electricity Generation Corporation v Woodside Energy Ltd (2014) 251 CLR 640; [2014] HCA 7 Ecosse Property Holdings Pty Ltd v Gee Dee Nominees Pty Ltd (2017) 91 ALJR 486; [2017] HCA 12 Booker Industries Pty Ltd v Wilson Parking (Qld) Pty Ltd (1982) 149 CLR 600 Whitlock v Brew (1968) 118 CLR 445 Brambles Holdings Ltd v Bathurst City Council (2001) 53 NSWLR 153; [2001] NSWCA 61 Branir Pty Ltd v Owston Nominees (No 2) Pty Ltd (2001) 117 FCR 424 Category: Principal judgment Parties: Australian Commercial Marketing Pty Ltd (Plaintiff/Cross-Defendant) Sharon Gold (Defendant/ First Cross-Claimant) Live Better Wellness Practice Pty Ltd (Second Cross-Claimant) Representation: Counsel: Mr I W Raine (Plaintiff/Cross-Defendant) Mr S Jacobs with Mr V Misra (Defendant/Cross-Claimants)