Papantoniou v Stonewall Hotel Pty Ltd

[2018] NSWCA 85

NSW Court of Appeal

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Interrogate

Catchwords

1. Leases and Tenancies
2. › Renewals and options
3. › Exercise of option
4. › Service of notice of exercise
5. › Lease provision referring to modes of service in s 170 of the Conveyancing Act 1919 (NSW)
6. › Whether provision is facultative or mandatory
7. › Where neither lessors' address nor whereabouts discoverable from lease
8. › Conveyancing Act 1919 (NSW), s 170
1. Leases and Tenancies
2. › Renewals and options
3. › Exercise of option
4. › Service of notice on agent
5. › Whether general law of landlord and tenant permits service of notices on agent of lessor
6. › Whether solicitor for lessor was agent with authority to receive notice of exercise of option
1. Practice and Procedure
2. › Implied Harman undertaking
3. › Release from undertaking
4. › Special circumstances
5. › Whether special circumstances existed
6. › Where documents of no real probative value
7. › Whether decision to exclude documents at first instance was unreasonable or plainly unjust
8. › House v The King (1936) 55 CLR 499

Quick Take

A lease clause stating that a document 'is served if it is served in any manner provided in section 170 of the Conveyancing Act 1919' is facultative, not mandatory, particularly where the lease does not disclose the lessors' addresses, and service on an authorised agent of the lessor is effective under the general law.