Adamson v Ede [2008] NSWSC 1143

Adamson v Ede [2008] NSWSC 1143

The lease was executed by the defendant in the presence of the plaintiff and Mr Faddoul and contained the handwritten terms appearing in evidence, but the plaintiff did not explain the special conditions to the defendant. Special conditions 1 to 8 and 12 were unjust within s 7(1) of the Contracts Review Act 1980 because they were one-sided, unexplained, in some respects incomprehensible or inconsistent with the printed lease, not reasonably necessary to protect legitimate interests, and operated to reduce or neutralise the plaintiff's obligation to pay rent or transfer control and benefit of the property away from the defendant. The balance of the printed form lease, severed from those...

Jurisdiction
Australia
Judgment Date
31 October 2008
Procedural Posture
Claim by Tenant for a Permanent Injunction Restraining Landlord From Retaking Possession of Rural Residential Premises, With Landlord's Cross Claim Challenging the Lease / Principal Judgment After Hearing; Parties Directed to Bring in Short Minutes of Order
Outcome
Parties were directed to bring in short minutes of order; the proposed orders dismissed the summons and declared the lease in part unjust within s 7(1) of the Contracts Review Act 1980.
Legal Topics
['residential Tenancy Agreement' 'contracts Review Act 1980' 'unjust Contract Provisions' 'solicitor Client Relationship' 'fiduciary Duty' 'undue Influence' 'injunction to Restrain Recovery of Possession' 'abuse of Process and Estoppel']
['leases' 'contracts' 'equity' 'civil Procedure'] ['residential Tenancy Agreement' 'contracts Review Act 1980' 'unjust Contract Provisions' 'solicitor Client Relationship' 'fiduciary Duty' 'undue Influence' 'injunction to Restrain Recovery of Possession' 'abuse of Process and Estoppel']

Case Brief

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Procedural Posture

Claim by Tenant for a Permanent Injunction Restraining Landlord From Retaking Possession of Rural Residential Premises, With Landlord's Cross Claim Challenging the Lease / Principal Judgment After Hearing; Parties Directed to Bring in Short Minutes of Order

Legal Issues

  1. 1 ['Whether the Residential Tenancy Agreement dated 31 July 2001 was executed by the defendant and what it contained when signed' 'Whether the plaintiff explained the special conditions of the lease to the defendant' 'Whether the special conditions or the lease as a whole were unjust within s 7(1) of the Contracts Review Act 1980' 'Whether the lease should be set aside for breach of fiduciary duty or undue influence' 'Whether the plaintiff should receive a permanent injunction restraining the defendant from retaking possession']

Ratio Decidendi

The lease was executed by the defendant in the presence of the plaintiff and Mr Faddoul and contained the handwritten terms appearing in evidence, but the plaintiff did not explain the special conditions to the defendant. Special conditions 1 to 8 and 12 were unjust within s 7(1) of the Contracts Review Act 1980 because they were one-sided, unexplained, in some respects incomprehensible or inconsistent with the printed lease, not reasonably necessary to protect legitimate interests, and operated to reduce or neutralise the plaintiff's obligation to pay rent or transfer control and benefit of the property away from the defendant. The balance of the printed form lease, severed from those...

Court Disposition

Parties were directed to bring in short minutes of order; the proposed orders dismissed the summons and declared the lease in part unjust within s 7(1) of the Contracts Review Act 1980.

Orders

  • ['Summons dismissed.' 'Declare that the lease dated 31 July 2001 made between the plaintiff and the defendant is in part unjust within the meaning of s 7(1) Contracts Review Act 1980.' 'Direct the parties to bring in short minutes of order.']