Boulay Pty Ltd v The Trust Company Ltd [2017] NSWSC 222

Boulay Pty Ltd v The Trust Company Ltd [2017] NSWSC 222

On proper construction of cl 3.6 of the Lease, the Lessor is entitled to serve a notice of market rent assessment at any time before the next Review Date, and is not restricted to serving the notice before the relevant Review Date. The use of the expression 'next Review Date' demonstrates the parties' intention to distinguish it from the current Review Date, giving the Lessor the right to serve notice up to the subsequent Review Date.

Jurisdiction
Australia
Judgment Date
10 March 2017
Procedural Posture
Commercial List (equity) / Principal Judgment
Outcome
Declaration refused; proceedings dismissed
Legal Topics
['construction' 'commercial Lease' 'market Review of Rent' 'notice Requirements']
['contract'] ['construction' 'commercial Lease' 'market Review of Rent' 'notice Requirements']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Commercial List (equity) / Principal Judgment

Legal Issues

  1. 1 ["Whether lessor's notice of rent at review date must be served by that review date under a commercial lease"]

Ratio Decidendi

On proper construction of cl 3.6 of the Lease, the Lessor is entitled to serve a notice of market rent assessment at any time before the next Review Date, and is not restricted to serving the notice before the relevant Review Date. The use of the expression 'next Review Date' demonstrates the parties' intention to distinguish it from the current Review Date, giving the Lessor the right to serve notice up to the subsequent Review Date.

Court Disposition

Declaration refused; proceedings dismissed

Orders

  • []