The Glebe District Hockey Club Inc v New South Wales Harness Racing Club Limited [2001] NSWSC 401

The Glebe District Hockey Club Inc v New South Wales Harness Racing Club Limited [2001] NSWSC 401

It was not 'clearly demonstrated' that the Plaintiff/Respondent's Statement of Claim failed to disclose a cause of action; clause 11 did not convert the lease to a mere licence or render it terminable at will upon notice, and did not place the case outside the principle allowing specific performance of agreements for lease. Even if the arrangement was a licence, it could still be specifically enforceable in equity if damages were inadequate. Therefore, the appeal to strike out the statement of claim failed.

Jurisdiction
Australia
Judgment Date
08 May 2001
Procedural Posture
Appeal / Strikeout Application on Appeal From Master
Outcome
Appeal dismissed
Legal Topics
['agreement for Lease' 'specific Performance' 'rectification' 'lease Versus Licence' 'strikeout Applications']
['equity' 'conveyancing' 'contract'] ['agreement for Lease' 'specific Performance' 'rectification' 'lease Versus Licence' 'strikeout Applications']

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Procedural Posture

Appeal / Strikeout Application on Appeal From Master

Legal Issues

  1. 1 ['Whether an agreement for lease with a relocation clause precludes specific performance' 'Whether the lease is properly characterised as a mere licence or as a lease' 'Whether damages are an adequate remedy precluding equitable relief']

Ratio Decidendi

It was not 'clearly demonstrated' that the Plaintiff/Respondent's Statement of Claim failed to disclose a cause of action; clause 11 did not convert the lease to a mere licence or render it terminable at will upon notice, and did not place the case outside the principle allowing specific performance of agreements for lease. Even if the arrangement was a licence, it could still be specifically enforceable in equity if damages were inadequate. Therefore, the appeal to strike out the statement of claim failed.

Court Disposition

Appeal dismissed

Orders

  • ["The Defendant/Appellant's appeal be dismissed." "The Defendant/Appellant pay the Plaintiff/Respondent's costs."]