Woolworths Group Ltd v Gazcorp Pty Ltd

[2022] NSWCA 19

NSW Court of Appeal

View on CaseLaw

Built by Barristers,
For Australian Law.

See how it works

Interrogate

Catchwords

1. Contract
2. › Termination
3. › Abandonment
4. › Mutual abandonment inferred from conduct
5. › Agreement for lease
6. › Prolonged period of non-performance without insistence on performance
7. › Whether parties mutually intended contract was not to be performed
8. › Whether conduct objectively inconsistent with intention to perform
1. Contract
2. › Termination
3. › Frustration
4. › Common assumption as to state of affairs essential to performance
5. › Lapse of development consent
6. › Whether performance rendered radically different
7. › Whether party at fault precluded from relying on frustration
8. › Environmental Planning and Assessment Act 1979 (NSW)
1. Contract
2. › Variation
3. › Agreement for lease
4. › Whether letter constituted variation of definition of Landlord's Works
5. › Whether varied agreement void for uncertainty
1. Leases and Tenancies
2. › Agreement for lease
3. › Default and termination
4. › Abandonment
5. › Prolonged non-performance of landlord's works
6. › Lapse of development consent
7. › Whether agreement abandoned by mutual conduct

Quick Take

Prolonged non-performance combined with pursuit of fundamentally different development plans may support an inference of mutual abandonment of agreements for lease, even absent express communication of an intention to abandon, and the lapse of a development consent essential to performance may constitute frustration.