Awad v Bucasia Pty Ltd [2003] NSWADT 247

The applicant failed to prove that notice of exercise of the option to renew was received by the respondent or its agent before the contractual deadline, and no estoppel or unconscionable conduct by the respondent was established.

Parties: Applicant Lessee: Regaie Gaber Ekladious Awad trading as Eastwood Night & Day Pharmacy; Respondent Lessor: Bucasia Pty Ltd
Jurisdiction: Australia
Judgment Date: 18 November 2003
Procedural Posture: Claim for Declaration of Rights, Obligations and Liabilities Under a Lease / Final Decision
Outcome: Application by applicant lessee dismissed
Legal Topics: Exercise of Option to Renew Lease, Estoppel, Unconscionable Conduct

Retail Leases Exercise of Option to Renew Lease Estoppel Unconscionable Conduct

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Parties

Regaie Gaber Ekladious Awad trading as Eastwood Night & Day Pharmacy

Applicant Lessee

Bucasia Pty Ltd

Respondent Lessor

Procedural Posture

Claim for Declaration of Rights, Obligations and Liabilities Under a Lease / Final Decision

Legal Issues

1 Whether the applicant validly exercised the option to renew the lease under clause 20.1
2 Whether estoppel or unconscionable conduct prevents the respondent from denying renewal

Ratio Decidendi

Court Disposition

Application by applicant lessee dismissed

Orders

Application by Applicant Lessee dismissed
Each party to file written submissions on costs (including costs of Lessee's application for urgent interim order) within 28 days, in absence of agreement