Ring v R W & C D Investments Pty Ltd [2004] NSWSC 1045

Ring v R W & C D Investments Pty Ltd [2004] NSWSC 1045

Neither notice of exercise of the renewal options was given within the time required by the leases (not later than 29 March 2004), because the earliest the deemed date of receipt or service is Wednesday 31 March 2004 (the fourth working day after posting on 25 March 2004), so the plaintiff's claims must be dismissed.

Parties
Plaintiff: Lesley Anne Ring; First Defendant: R W & C D Investments Pty Ltd; Second Defendant: Rozlyn Gaye Holmes
Jurisdiction
Australia
Judgment Date
11 November 2004
Procedural Posture
Proceedings for Declarations (summons) / First Instance Judgment
Outcome
Summons dismissed with costs
Legal Topics
Option to Renew Lease, Notice Requirements, Service by Post, Statutory Interpretation
Landlord and Tenant Property Law Option to Renew Lease Notice Requirements Service by Post Statutory Interpretation

Case Brief

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Parties

Lesley Anne Ring

Plaintiff

R W & C D Investments Pty Ltd

First Defendant

Rozlyn Gaye Holmes

Second Defendant

Procedural Posture

Proceedings for Declarations (summons) / First Instance Judgment

Legal Issues

  1. 1 Whether option to renew lease was exercised within time
  2. 2 Whether notice exercising option was validly given in accordance with lease provisions and statutory requirements
  3. 3 How the date of delivery/receipt of notice sent by post should be determined

Ratio Decidendi

Neither notice of exercise of the renewal options was given within the time required by the leases (not later than 29 March 2004), because the earliest the deemed date of receipt or service is Wednesday 31 March 2004 (the fourth working day after posting on 25 March 2004), so the plaintiff's claims must be dismissed.

Court Disposition

Summons dismissed with costs

Orders

  • Summons dismissed with costs