Tripple A Pty Limited v WIN Television Qld Pty Ltd

[2018] QCA 246

Queensland Court of Appeal

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Interrogate

Catchwords

1. Landlord and Tenant
2. › Renewals and Options
3. › Exercise of Option
4. › Validity of Exercise
5. › Whether lessor waived compliance with time limit for exercise of option
6. › Whether option lapsed upon expiry of time limit
7. › Whether further agreement resulted from exercise of option or fresh negotiation
1. Landlord and Tenant
2. › Rent
3. › Provisions as to Rent in Agreement for Lease or Lease
4. › Determination of Rental
5. › Whether market rent review process applied to renewed lease
6. › Whether subsequent conduct of lessor admissible as admission
1. Contract
2. › Construction
3. › Objective approach to construction
4. › Surrounding circumstances
5. › Whether subsequent conduct admissible as admission as to terms agreed

Quick Take

Once the time for exercise of an option to renew a lease has passed, the option lapses and there is nothing to waive, regardless of whether the option is characterised as an irrevocable offer or a conditional contract. Any subsequent agreement for a further lease is a fresh contract formed by offer and acceptance, not an exercise of the option. Where the terms of such a fresh agreement are disputed, subsequent conduct of a party may be admissible as an admission as to the terms agreed.