Golden Harvest (Aust) Pty Ltd -v- Paing Pty Ltd & Ors [2002] NSWADT 102

Golden Harvest (Aust) Pty Ltd -v- Paing Pty Ltd & Ors [2002] NSWADT 102

The Tribunal was not satisfied that the tenant mix representations materially misled the lessees or were central to their decisions, but found that the Disclosure Statements, with detailed pictorial and architectural material, represented that a major residential development would be built and that this representation substantially influenced each lessee's decision to enter the leases. Because damage or loss from the failure to build the residential development had not yet been established, expert evidence was required before the matter could proceed further.

Jurisdiction
Australia
Judgment Date
21 June 2002
Procedural Posture
Claim for Compensation for Pre Lease Misrepresentations / Preliminary Matter
Outcome
Preliminary findings made; respondents directed to file expert evidence, with a further directions hearing to be appointed after evidence is filed. The decision was noted as set aside by appeal on 29/11/02.
Legal Topics
['pre Lease Representations' 'lessor Disclosure Statement' 'tenant Mix Representations' 'proposed Residential Development' 'compensation for Damage or Loss']
['retail Leases' 'misrepresentation'] ['pre Lease Representations' 'lessor Disclosure Statement' 'tenant Mix Representations' 'proposed Residential Development' 'compensation for Damage or Loss']

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Procedural Posture

Claim for Compensation for Pre Lease Misrepresentations / Preliminary Matter

Legal Issues

  1. 1 ['Whether representations were made to the lessees about proposed tenant mix and core tenants in the shopping centre.' "Whether the lessor's Disclosure Statements and associated drawings represented that a residential tower or towers would be built above the shopping centre." 'Whether the respondents entered into their leases as a result of false or misleading statements or representations within section 10 of the Retail Leases Act 1994.' "Whether the alleged residential development representation substantially influenced each lessee's decision to enter into the leases." 'Whether expert evidence was required to establish damage or loss flowing from the failure to build the residential development.']

Ratio Decidendi

The Tribunal was not satisfied that the tenant mix representations materially misled the lessees or were central to their decisions, but found that the Disclosure Statements, with detailed pictorial and architectural material, represented that a major residential development would be built and that this representation substantially influenced each lessee's decision to enter the leases. Because damage or loss from the failure to build the residential development had not yet been established, expert evidence was required before the matter could proceed further.

Court Disposition

Preliminary findings made; respondents directed to file expert evidence, with a further directions hearing to be appointed after evidence is filed. The decision was noted as set aside by appeal on 29/11/02.

Orders

  • ['Respondents to file expert evidence to establish damage or loss flowing from failure to built residential development.' 'Registrar to appoint further direction hearing when evidence filed.']