Goldana Investments Pty Ltd v Amberdown Pty Ltd [2000] NSWCA 46

Goldana Investments Pty Ltd v Amberdown Pty Ltd [2000] NSWCA 46

The use of a minilab for onsite film processing in shop 9 does not breach clause 6 of the lease, and the lease of shop 22 is not a breach of clause 55; orders restraining registration and inquiry into damages were set aside, but protective orders for use of the minilab in shop 9 were appropriately varied.

Source-derived case information.

Jurisdiction
Australia
Judgment Date
16 March 2000
Procedural Posture
Appeal / Court of Appeal Judgment
Outcome
Appeal allowed in part.
Legal Topics
['leases' 'permitted Use Clauses' 'relief Against Forfeiture' 'retail Shop Leasing']
['property Law' 'commercial Law'] ['leases' 'permitted Use Clauses' 'relief Against Forfeiture' 'retail Shop Leasing']

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Procedural Posture

Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 ['Whether use of minilab for film processing in shop 9 breaches clause 6 of the lease' 'Whether lease of shop 22 to the second respondent breaches clause 55 of the shop 9 lease' 'Form and scope of appropriate relief']

Ratio Decidendi

The use of a minilab for onsite film processing in shop 9 does not breach clause 6 of the lease, and the lease of shop 22 is not a breach of clause 55; orders restraining registration and inquiry into damages were set aside, but protective orders for use of the minilab in shop 9 were appropriately varied.

Court Disposition

Appeal allowed in part.

Orders

  • ['Injunction restraining registration of the lease of shop 22 and order for inquiry as to damages set aside.' 'Declaration that use of a minilab in shop 9 is not a breach of clause 6; and grant of lease to second respondent is not a breach of clause 55.' 'Notice given by the appellant in respect of the minilab use...