Data Base Corporate Pty Ltd v Strike Australia Pty Ltd [2019] NSWSC 271

Supreme Court New South Wales

Medium Neutral Citation: Data Base Corporate Pty Ltd v Strike Australia Pty Ltd [2019] NSWSC 271 Hearing dates: 11 – 12 March 2019 Date of orders: 26 March 2019 Decision date: 26 March 2019 Jurisdiction: Equity Before: Darke J Decision: Declaration made that a determination of market rent is not binding upon the parties to a sub-lease. Catchwords: LAND LAW – leases – rent – provision for review of rent – appointment of valuer to determine market rent for a sub-lease of premises located at King Street Wharf, Sydney – valuer required to have regard to certain market rents of "comparable premises in the vicinity of the Premises" – where valuer had regard to rents for premises not in the vicinity of the Premises – valuer's determination not carried out in accordance with the terms of the sub-lease – declaration made that determination is not binding Cases Cited: AGL Victoria Pty Ltd v SPI Networks (Gas) Pty Ltd [2006] VSCA 173 Australian Vintage Ltd v Belvino Investments No 2 Pty Ltd (2015) 90 NSWLR 367; [2015] NSWCA 275 Ecosse Property Holdings Pty Ltd v Gee Dee Nominees Pty Ltd (2017) 261 CLR 544; [2017] HCA 12 Electricity Generation Corporation v Woodside Energy Ltd (2014) 251 CLR 640; [2014] HCA 7 Holt v Cox (1997) 23 ACSR 590 Legal & General Life of Australia Ltd v A Hudson Pty Ltd (1985) 1 NSWLR 314 Mercury Communications Ltd v Director-General of Telecommunications [1994] CLC 1125 Mount Bruce Mining Pty Ltd v Wright Prospecting Pty Ltd (2015) 256 CLR 104; [2015] HCA 37 Shoalhaven City Council v Firedam Civil Engineering Pty Ltd (2011) 244 CLR 305; [2011] HCA 38 WMC Resources Ltd v Leighton Contractors Pty Ltd (1999) 20 WAR 489; [1999] WASCA 10 Category: Principal judgment Parties: Data Base Corporate Pty Ltd (Plaintiff) Strike Australia Pty Ltd (Defendant) Representation: Counsel: Mr P T Newton (Plaintiff) Mr D R Stack (Defendant)