Linkins v Rinbac Pty Ltd [2010] NSWSC 1199

Linkins v Rinbac Pty Ltd [2010] NSWSC 1199

The unnumbered clause at the end of the lease operates independently of clause 6 and entitles the lessor to recover from the lessees all outgoings, expenses, and costs that relate exclusively to the premises, even after Woolcott Court ceased to operate as a retirement village. Clause 6 no longer applies, but obligations under the unnumbered clause endure.

Jurisdiction
Australia
Judgment Date
21 October 2010
Procedural Posture
Principal Judgment / Judgment After Hearing
Outcome
Declarations made for the plaintiffs that Woolcott Court is no longer operating as a retirement village and that no payments under clause 6 are required while that continues; for the cross-claimant, declarations and judgment regarding liability for outgoings exclusive to the premises and for specific sums due.
Legal Topics
['interpretation' 'retirement Village Contract' 'obligations Under Village Contract']
['contract'] ['interpretation' 'retirement Village Contract' 'obligations Under Village Contract']

Case Brief

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Procedural Posture

Principal Judgment / Judgment After Hearing

Legal Issues

  1. 1 ['Whether the complex known as Woolcott Court is still operating as a retirement village' 'Whether plaintiffs are liable to make payments under clause 6 of the lease after Woolcott Court ceased as a retirement village' 'Whether defendant is entitled to charge plaintiffs for outgoings, expenses, and costs relating exclusively to the premises after cessation as a retirement village']

Ratio Decidendi

The unnumbered clause at the end of the lease operates independently of clause 6 and entitles the lessor to recover from the lessees all outgoings, expenses, and costs that relate exclusively to the premises, even after Woolcott Court ceased to operate as a retirement village. Clause 6 no longer applies, but obligations under the unnumbered clause endure.

Court Disposition

Declarations made for the plaintiffs that Woolcott Court is no longer operating as a retirement village and that no payments under clause 6 are required while that continues; for the cross-claimant, declarations and judgment regarding liability for outgoings exclusive to the premises and for specific sums due.

Orders

  • ['Declaration that Woolcott Court is no longer operating as a retirement village.' 'Declaration that, for so long as Woolcott Court is not being operated as a retirement village, the plaintiffs are not liable to make any payments under clause 6 of the lease dated 20 January 2000.' 'Declaration that under the lease,...