NSW Rifle Association Inc v Cth

[2012] NSWSC 818

Supreme Court of NSW

Built by Barristers,
For Australian Law.

1. CONTRACT - termination - contractual licence to occupy Commonwealth land - doctrine of executive necessity - whether the Commonwealth can terminate licence contrary to express contractual terms because of a change of policy concerning use of the land - contract entered into as present exercise of power as owner of land - not a fetter on future exercise of duty or discretion under statute or prerogative - held termination not justified on ground of executive necessity
1. CONTRACT - implied terms - whether the Commonwealth required to act reasonably and in good faith in exercising contractual power to require licensee to remedy default and to fix time for default to be remedied
1. CONTRACT - performance - obligation to keep buildings in good and safe repair - obligation to keep in good and safe repair includes requirement to first put into good and safe repair - whether obligation displaced by expectation of parties when entering into licence for anticipated short duration
1. REAL PROPERTY - whether agreement for use and occupation of land was lease or licence