EQUITY - General Principles and Maxims of Equity - rectification of lease variation - provision defining outgoings "in the lease commencing 1 February 2006" - lease commenced 1 February 2005 - whether common intention of parties that earlier date applied - whether subsequent oral agreement that later date applied - whether obligation to pay outgoings to be implied and as an essential term
CONTRACTS - General Contractual Principles - Construction and Interpretation of Contracts - whether change in shareholding of plaintiff lessee without consent of defendant lessor in breach - whether keeping a dog on premises in breach - whether refusal of access to a building inspector in breach - whether failure to take out insurance policies approved by defendant in breach of essential term
LANDLORD AND TENANT - Termination of Tenancy - defendant restrained from re-entry for breach - whether acceptance of rent and outgoings and insistence on taking out insurance policies in accordance with lease a waiver of notice under the Conveyancing Act 1919, s 129 - calculation of rent and outgoings in arrears difficult - whether an account to be taken by an Associate Judge - whether plaintiff should be relieved from forfeiture of lease
Case Details
Citation[2009] NSWSC 1355
CourtNSWSC
JurisdictionNew South Wales
Unlock so much more with Barrister AI
The full text is available to signed-in members, including the 5 later cases that cite this judgment.
