Jonamill Pty Ltd v Alramon Pty Ltd (RLD) [2009] NSWADTAP 59

Procedural Posture

Appeal Concerning a Retail Shop Lease and Exercise of an Option to Renew / Appeal Panel Decision

Legal Issues

1. 1 ["Whether the Tribunal erred in holding that Alramon's 18 March 2007 change of address letter complied with clause 12.6 of the Lease." 'Whether compliance of the change of address letter with clause 12.6 was a question of law or fact for the purposes of an appeal under section 113(2) of the Administrative Decisions Tribunal Act 1997.' 'Whether the Tribunal took into account an irrelevant consideration by referring to subsequent correspondence using the new postal address.' 'Whether the Tribunal gave inadequate reasons for its decision.' "Whether section 170 of the Conveyancing Act 1919 affected Jonamill's reliance on posting the notice of exercise of option."]

Ratio Decidendi

The Appeal Panel held that clause 12.6 imposed minimal requirements for notices and functioned to specify how information was to be communicated. Whether Alramon's particular letter satisfied those requirements was a question of fact. The Tribunal did not misstate the applicable law and there was evidence supporting its conclusion. In any event, the Appeal Panel agreed that, viewed objectively and in the commercial context of Jonamill's franchise and lease operations, the 18 March 2007 letter clearly notified a change of postal address for all correspondence and sufficiently identified Alramon as the lessor. Because Jonamill sent its notice of exercise of option to the old address, the...

Court Disposition

Appeal dismissed

Orders

• ['The appeal is dismissed' "There will be no order for the costs of this appeal unless a party files and serves an application for costs, with supporting submissions, within 21 days. In such event, the opposing party is to file and serve submissions in response within a further 21 days. The question of costs will...