Jia v GJKR Pty Ltd [2017] NSWSC 629

Jia v GJKR Pty Ltd [2017] NSWSC 629

It was not an error of law for the Magistrate to act on the plaintiff's concession abandoning the claim to rent above $800 per month, and as those matters were not pressed, no legal error arose for appeal; thus, the appeal was dismissed.

Jurisdiction
Australia
Judgment Date
12 May 2017
Procedural Posture
Local Court Appeal / Judgment on Appeal
Outcome
Appeal dismissed
Legal Topics
['local Court Appeal' 'retail Leases' 'lease Variation' 'statute of Frauds' 'agreement to Vary Rent' 'costs' 'concession by Counsel']
['property Law' 'civil Procedure' 'commercial Law'] ['local Court Appeal' 'retail Leases' 'lease Variation' 'statute of Frauds' 'agreement to Vary Rent' 'costs' 'concession by Counsel']

Case Brief

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Procedural Posture

Local Court Appeal / Judgment on Appeal

Legal Issues

  1. 1 ['Whether an oral agreement to vary rent under a lease is unenforceable under s 23C or s 54A of the Conveyancing Act 1919' 'Whether the Magistrate applied the appropriate test in ascertaining the existence of an agreement to vary the rent' 'Whether it was an error of law for the Magistrate to act on a concession by counsel']

Ratio Decidendi

It was not an error of law for the Magistrate to act on the plaintiff's concession abandoning the claim to rent above $800 per month, and as those matters were not pressed, no legal error arose for appeal; thus, the appeal was dismissed.

Court Disposition

Appeal dismissed

Orders

  • ['The amended summons filed 2 March 2017 is dismissed.' "The plaintiff is to pay the first and second defendant's costs of the proceedings."]