Comdox v Robins [2009] NSWSC 367

Comdox v Robins [2009] NSWSC 367

The plaintiff validly exercised the option to renew because the notice of exercise conveyed both the desire for a renewed lease required by clause 9.1(a) and the exercise of the option required by clause 9.1(b); clause 9 did not require two separate documents; clause 27.2 was not an exclusive mandatory code for service; and delivery of the notice to Mr Zarb, who was the New Church's solicitor, Chairman of Directors and the person conducting lease correspondence, was as a matter of law to be equated with giving and serving notice on the New Church.

Jurisdiction
Australia
Judgment Date
08 May 2009
Procedural Posture
Equity Proceedings for Specific Performance and Declaration Concerning Exercise of an Option to Renew a Lease / Judgment After Hearing
Outcome
Plaintiff succeeded; declaration and specific performance granted against the First and Second Defendants with costs.
Legal Topics
['lessor and Lessee' 'option to Renew Lease' 'formalities for Exercise of Option' 'service and Giving of Notices' 'specific Performance']
['property Law' 'equity' 'contract Law'] ['lessor and Lessee' 'option to Renew Lease' 'formalities for Exercise of Option' 'service and Giving of Notices' 'specific Performance']

Case Brief

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Procedural Posture

Equity Proceedings for Specific Performance and Declaration Concerning Exercise of an Option to Renew a Lease / Judgment After Hearing

Legal Issues

  1. 1 ['Whether the plaintiff validly exercised the option to renew Lease AD146130T.' 'Whether clause 9.1 required two separate notices or could be satisfied by one notice.' 'Whether compliance with the notice procedures in clause 27.2 and Conveyancing Act 1919 s 170 was mandatory for effective exercise of the option.' 'Whether delivery of the notice to Mr Zarb was to be equated with giving and serving notice on The Sydney Society of the New Church.']

Ratio Decidendi

The plaintiff validly exercised the option to renew because the notice of exercise conveyed both the desire for a renewed lease required by clause 9.1(a) and the exercise of the option required by clause 9.1(b); clause 9 did not require two separate documents; clause 27.2 was not an exclusive mandatory code for service; and delivery of the notice to Mr Zarb, who was the New Church's solicitor, Chairman of Directors and the person conducting lease correspondence, was as a matter of law to be equated with giving and serving notice on the New Church.

Court Disposition

Plaintiff succeeded; declaration and specific performance granted against the First and Second Defendants with costs.

Orders

  • ['A declaration that the Plaintiff has validly exercised the Option Renew the Lease registered as Lease AD146130T in relation to the premises identified as Folio Identifier 2/597630 and known as 306 Oxford Street, Bondi Junction in the state of New South Wales.' 'An order that the First and Second Defendant grant to...