Long & Anor v Piper & Anor [2001] NSWCA 342

Long & Anor v Piper & Anor [2001] NSWCA 342

There was no concluded agreement for lease prior to the formal exchange and payment of consideration; the parties intended not to be bound until the process between the solicitors was completed and the required payment made. The respondents' entry into possession was as caretakers only, not lessees, and did not create binding leasehold obligations.

Parties
Appellant: Michael Howard Long; Appellant: Anette Cheryl Long; Respondent: Terrence John Piper; Respondent: Lynette Jean Piper
Jurisdiction
Australia
Judgment Date
28 September 2001
Procedural Posture
Appeal / Court of Appeal Judgment
Outcome
Appeal dismissed with costs
Legal Topics
Agreement for Lease, Formation of Contract, Intention to Create Legal Relations, Lease of Land
Contract Law Agreement for Lease Formation of Contract Intention to Create Legal Relations Lease of Land

Case Brief

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Parties

Michael Howard Long

Appellant

Anette Cheryl Long

Appellant

Terrence John Piper

Respondent

Lynette Jean Piper

Respondent

Procedural Posture

Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether the parties had entered into a concluded and binding agreement for lease of the Imperial Hotel
  2. 2 Whether the respondents entered as lessees or merely as caretakers
  3. 3 Whether signing of draft lease and subsequent possession gave rise to enforceable obligations

Ratio Decidendi

There was no concluded agreement for lease prior to the formal exchange and payment of consideration; the parties intended not to be bound until the process between the solicitors was completed and the required payment made. The respondents' entry into possession was as caretakers only, not lessees, and did not create binding leasehold obligations.

Court Disposition

Appeal dismissed with costs

Orders

  • Appeal dismissed
  • Appellants to pay the respondents' costs