Alma Constructions Pty Ltd v C. D. Management Group Pty Ltd [2008] NSWADT 3

Alma Constructions Pty Ltd v C. D. Management Group Pty Ltd [2008] NSWADT 3

There was no meeting of the minds between the parties regarding the new rent, as the Respondent only agreed to part of the rental proposal and not the entirety of the Applicant's offer, and the language used by the Respondent indicated a willingness to negotiate but not acceptance. Accordingly, no agreement was reached as required by s 31(1)(b) of the Retail Leases Act 1994, and the Tribunal has jurisdiction to appoint a specialist retail valuer.

Parties
Applicant: Alma Constructions Pty Ltd; Respondent: C. D. Management Group Pty Ltd
Jurisdiction
Australia
Judgment Date
07 January 2008
Procedural Posture
Retail Lease Dispute / Preliminary Matter
Outcome
Application granted for declaration and for the Tribunal to have jurisdiction to appoint a specialist retail valuer.
Legal Topics
Retail Leases, Appointment of Specialist Retail Valuer, Agreement on Current Market Rent
Property Law Retail Leases Appointment of Specialist Retail Valuer Agreement on Current Market Rent

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Parties

Alma Constructions Pty Ltd

Applicant

C. D. Management Group Pty Ltd

Respondent

Procedural Posture

Retail Lease Dispute / Preliminary Matter

Legal Issues

  1. 1 Whether there was an agreement between the parties on the new rent after exercise of lease option
  2. 2 Whether the Tribunal has jurisdiction to appoint a specialist retail valuer under s 31 Retail Leases Act 1994

Ratio Decidendi

There was no meeting of the minds between the parties regarding the new rent, as the Respondent only agreed to part of the rental proposal and not the entirety of the Applicant's offer, and the language used by the Respondent indicated a willingness to negotiate but not acceptance. Accordingly, no agreement was reached as required by s 31(1)(b) of the Retail Leases Act 1994, and the Tribunal has jurisdiction to appoint a specialist retail valuer.

Court Disposition

Application granted for declaration and for the Tribunal to have jurisdiction to appoint a specialist retail valuer.

Orders

  • Declare that there has been no agreement between the parties on a new rent consequent upon the exercise by the Respondent of the option in the lease.
  • The Tribunal has jurisdiction to appoint a Specialist Retail Valuer pursuant to section 31 Retail Leases Act.