Penrith Whitewater Stadium Ltd & Anor v Lesvos Pty Ltd & Anor

[2007] NSWCA 176

NSW Court of Appeal

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Interrogate

Catchwords

1. Contract
2. › Agreement for lease
3. › Distinction between lease and licence
4. › Whether agreement conferring right to operate café for fixed term with exclusive possession was agreement for lease
5. › Conveyancing Act 1919 (NSW), s 54A(1)
1. Contract
2. › Statute of Frauds
3. › Contract for disposition of land or interest in land
4. › Whether s 54A(1) applies where contracting party has no interest in land at time of contract
5. › Conveyancing Act 1919 (NSW), s 54A(1)
1. Equity
2. › Part performance
3. › Whether part performance of contract unenforceable under Statute of Frauds entitles party to common law damages
4. › Whether fusion of law and equity permits common law damages based on equitable doctrine of part performance
5. › Conveyancing Act 1919 (NSW), s 54A(1)
1. Trade Practices
2. › Misleading or deceptive conduct
3. › Whether agreement to contractual terms constitutes representation of intention to comply or of enforceability of contract
4. › Trade Practices Act 1974 (Cth), s 52

Quick Take

Section 54A(1) of the Conveyancing Act 1919 (NSW) applies to agreements for lease regardless of whether the contracting party has any present interest in the land or contractual right to acquire one; the section looks to what would happen if the contract were performed. Part performance of such a contract provides a basis for equitable relief only and does not entitle a party to common law damages for breach of contract. Mere expression of assent to contractual terms does not constitute a representation under s 52 of the Trade Practices Act that the party intends to comply with the contract or that the contract is enforceable.