West End Motor Group Pty Ltd v Fisher [2000] NSWSC 255

West End Motor Group Pty Ltd v Fisher [2000] NSWSC 255

The evidence, including the relevant conversations and documents, established that the parties intended at all times up to and including entry into the leases to deal with the three properties on the basis that the third property in Mr Fisher's name would bear only nominal rent and the commercial rent of all three properties would be divided equally between the other two properties owned by the company. Specific references to the second rent review did not limit that intention. Because the leases were registered, rectification had to be effected through varying instruments in registrable form.

Jurisdiction
Australia
Judgment Date
08 March 2000
Procedural Posture
Equity; Conveyancing; Torrens System; Rectification of Registered Leases / After Earlier Judgment, on Short Minutes and Appropriate Form of Orders for Rectification
Outcome
Orders for delivery of varying instruments in registrable form.
Legal Topics
['torrens System' 'rectification of Registered Leases' 'rent Review to Market' 'real Property Act 1900 S 55 A' 'varying Instruments in Registrable Form']
['equity' 'conveyancing' 'real Property'] ['torrens System' 'rectification of Registered Leases' 'rent Review to Market' 'real Property Act 1900 S 55 A' 'varying Instruments in Registrable Form']

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Procedural Posture

Equity; Conveyancing; Torrens System; Rectification of Registered Leases / After Earlier Judgment, on Short Minutes and Appropriate Form of Orders for Rectification

Legal Issues

  1. 1 ['Whether the finding of a concluded antecedent agreement should be limited to the second rent review at the end of the second year of the leases.' 'What form of orders and mechanism were appropriate to rectify registered leases under the Real Property Act 1900.']

Ratio Decidendi

The evidence, including the relevant conversations and documents, established that the parties intended at all times up to and including entry into the leases to deal with the three properties on the basis that the third property in Mr Fisher's name would bear only nominal rent and the commercial rent of all three properties would be divided equally between the other two properties owned by the company. Specific references to the second rent review did not limit that intention. Because the leases were registered, rectification had to be effected through varying instruments in registrable form.

Court Disposition

Orders for delivery of varying instruments in registrable form.

Orders

  • ['The orders for rectification were not to be limited to the second rent review.' 'A minute of appropriate orders was prepared and handed down for final consideration and comment of the parties before orders were made.']