Sauvage v Cleardon Pty Ltd [2017] NSWCATAP 47

Sauvage v Cleardon Pty Ltd [2017] NSWCATAP 47

Notification by either party pursuant to clause 5.13 of the lease, at least 60 days before the rent review date, is an essential precondition to the operation of the market rent review and appointment of a valuer; absent such notification, no market rent review may occur for the relevant review period.

Jurisdiction
Australia
Judgment Date
28 February 2017
Procedural Posture
Appeal / Appeal Panel Decision
Outcome
Appeal allowed
Legal Topics
['retail Leases' 'contract Interpretation' 'rent Review Clauses']
['property Law' 'commercial Law'] ['retail Leases' 'contract Interpretation' 'rent Review Clauses']

Case Brief

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Procedural Posture

Appeal / Appeal Panel Decision

Legal Issues

  1. 1 ['Whether notification under clause 5.13 of the lease is a precondition to market rent review' 'Proper interpretation of market rent review provisions in the Law Society Commercial Lease' 'Whether the appointment of a valuer was valid after the review date without prior notice']

Ratio Decidendi

Notification by either party pursuant to clause 5.13 of the lease, at least 60 days before the rent review date, is an essential precondition to the operation of the market rent review and appointment of a valuer; absent such notification, no market rent review may occur for the relevant review period.

Court Disposition

Appeal allowed

Orders

  • ['Order 1 made by the Tribunal in proceedings COM 16/19034 and COM 16/23621 is set aside' 'In proceedings 16/19034: Application dismissed' 'In proceedings 16/23621: Declare that the monthly rent payable in respect of Shops 4 and 5, 30 Paringa Avenue, Davistown NSW will remain unchanged at the rent review date 25...