Longjing Pty Ltd v Perpetual Nominees Limited [2019] NSWSC 1098

Supreme Court New South Wales

Medium Neutral Citation: Longjing Pty Ltd v Perpetual Nominees Limited [2019] NSWSC 1098 Hearing dates: 13-15 May 2019; 30 May 2019 Date of orders: 27 August 2019 Decision date: 27 August 2019 Jurisdiction: Equity Before: Hallen J Decision: The Court:

1. Orders that the Plaintiff's Statement of Claim be dismissed.

2. Orders that there be judgment for the Cross-Claimant against each of the Cross-Defendants in the sum of $252,936.

3. Orders that the Plaintiff pay the Defendant's costs of the Statement of Claim.

4. Orders that the Cross-Defendants pay the Cross-Claimant's costs of the Cross-Claim.

5. Orders that the Court Books be returned.

6. Orders that the Exhibits be dealt with in accordance with the Uniform Civil Procedure Rules 2005 (NSW) (rule 31.16A and rule 33.10) and Practice Note No SC Gen 18. Catchwords: CONTRACTS – Construction – Principles – Determining when Lease commenced pursuant to clauses within "Agreement to Lease" and "Lease" – Several potential dates for commencement of lease were submitted by Defendant – Plaintiffs argued lease did not commence and no Lease Commencing Date – Commercially unrealistic to conclude that no lease had commenced in the light of the parties' conduct

CONTRACTS – Unconscionable conduct – Misleading or deceptive conduct – Whether Defendant's conduct in terminating lease is unconscionable pursuant to meaning within s 46A of the Retail Shop Leases Act 1974 (Qld) or pursuant to s 20 or s 21 of the Australian Consumer Law, or misleading or deceptive conduct