Lighting by Design (Aust) Pty Ltd v Cannington Nominees Pty Ltd

(2008) 35 WAR 520; [2008] WASCA 23

Western Australia Court of Appeal

Built by Barristers,
For Australian Law.

See how it works

Interrogate

Catchwords

1. Contract
2. › Formation
3. › Inference from conduct
4. › Whether conduct of parties gave rise to enforceable agreement to lease
5. › No written contract
6. › Objective assessment of dealings
7. › Whether invoices and correspondence referencing prior lease terms sufficient to infer new agreement
1. Contract
2. › Formation
3. › Objective theory of contract
4. › Subjective intention irrelevant
5. › Whether uncommunicated beliefs of parties relevant to formation
1. Equity
2. › Part performance
3. › Whether acts of part performance sufficient to avoid consequences of non-compliance with writing requirements
4. › Statute of Frauds 1677 (Imp), s 4
5. › Property Law Act 1969 (WA), ss 34, 35
1. Equity
2. › Specific performance
3. › Agreement for lease
4. › Whether specific performance should be ordered subject to conditions
5. › Guarantee by third parties

Quick Take

Where a property manager continues to administer a lease that has been extinguished by registration of a new proprietor, sending correspondence that asserts rights and obligations under 'your Lease' including rent reviews, insurance requirements, and prospective rates demands, this conduct may objectively give rise to an enforceable agreement to lease on the terms of the extinguished lease. The uncommunicated subjective intention of the landlord not to be bound is irrelevant. Conduct that goes beyond merely permitting occupation in exchange for periodic rent — such as retrospective rent reviews and demands for prospective rates — is more consistent with an agreement for a fixed term than a tenancy at will.