Gazcorp Pty Ltd v Woolworths Group Ltd [2021] NSWSC 308 — Discharge By Frustration & Discharge By Abandonment — Barrister AI

Gazcorp Pty Ltd v Woolworths Group Ltd

[2021] NSWSC 308

Supreme Court of NSW

More

View on CaseLaw

Built by Barristers,
For Australian Law.

See how it works

Interrogate

Catchwords

1. Contracts
2. › discharge by frustration
3. › agreement for lease
4. › landlord agrees to carry out Landlord’s Works to construct shopping centre and grant lease of part of shopping centre to tenant
5. › development consent obtained
6. › whether agreement varied so as to incorporate a department store
7. › held that agreement was varied
8. › development application for revised shopping centre refused
9. › appeal against refusal dismissed
10. › held that agreement as varied was frustrated
1. Contracts
2. › discharge by abandonment
3. › agreement for lease
4. › agreement made in 2008
5. › lengthy period during which landlord was not carrying out Landlord’s Works and tenant was not calling upon landlord to perform
6. › certain rights of tenant under contract expired
7. › development consent authorising the Landlord’s Works due to lapse in February 2014
8. › inference drawn that parties had mutually agreed to abandon agreement by about the beginning of 2014
1. Contracts
2. › discharge by frustration
3. › agreement for lease
4. › Landlord’s Works authorised by a development consent
5. › common assumption that Landlord’s Works would continue to be able to be carried out lawfully
6. › neither party contractually responsible for maintaining that state of affairs
7. › common assumption proves to be mistaken when development consent lapsed
8. › agreement held to have been frustrated

Case Details

Citation[2021] NSWSC 308

CourtNSWSC

JurisdictionNew South Wales

Unlock so much more with Barrister AI

The full text is available to signed-in members, including the 1 later case that cites this judgment.

Relies on29

2020Clifton (Liquidator) v Kerry J Investment Pty Ltd trading as ClenergyFCAFC 5
2019Greencapital Aust Pty Ltd v Pasminco Cockle Creek Smelter Pty Ltd (Subject to Deed of Company Arrangement)NSWCA 53
2018Tecnicas Reunidas SA v AndrewNSWCA 192
2018Tonner v DelaporteWASCA 115
and 25 more after sign-in

Create free account

Already have an account? Sign in

See how it works