CONTRACT — termination — abandonment — school operated on leased premises — whether transfer of school to plaintiff prior to assignment of lease was abandonment of lease — no abandonment. CONTRACT — termination — affirmation — allegations of breaches for number of years — continued to accept rent and exercise rights under contract — affirmed lease. ENVIRONMENTAL AND PLANNING — development control — consent — subdivision — lease of part of land for over 5 years requires development consent — s 76(A) and s4B of Environmental Planning and Assessment Act (EPA) 1979 — whether lease excluding building or part of building effects subdivision of land — definition of "land" for purpose of EPA — lease effects subdivision. STATUTORY INTERPRETATION — principles — whether Act renders agreement void — s 76A(1) of EPA — agreements made in breach of s76A(1) not void. CONTRACT — implied terms — agreement to do all things reasonable to give effect to agreement — term requiring lessor to do all things reasonable to obtain development consent to be implied
Case Details
Citation[2011] NSWSC 647
CourtNSWSC
JurisdictionNew South Wales
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