MITAKOS v KLIDES [1997] NSWCA 208

MITAKOS v KLIDES [1997] NSWCA 208

The trial judge's findings that the oral agreement included a right of renewal were open on the evidence and not open to appellate intervention; arguments as to enforceability under s 54A and uncertainty were not raised below and could not be raised for the first time on appeal.

Parties
Appellant: Mitakos; Respondent: Klides
Jurisdiction
Australia
Judgment Date
06 August 1997
Procedural Posture
Appeal / Judgment
Outcome
appeal dismissed with costs
Legal Topics
Lease, Oral Agreement, Memorandum of Lease, Repudiation, Damages, Conveyancing Act 1919 S 54 a
Contract Law Property Law Lease Oral Agreement Memorandum of Lease Repudiation Damages Conveyancing Act 1919 S 54 a

Case Brief

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Parties

Mitakos

Appellant

Klides

Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether the oral agreement for lease contained a term entitling tenants to an option for a three year renewal
  2. 2 Whether the absence of a sufficient memorandum made the oral agreement unenforceable under Conveyancing Act 1919, s 54A
  3. 3 Whether the oral term for the option of renewal was void for uncertainty

Ratio Decidendi

The trial judge's findings that the oral agreement included a right of renewal were open on the evidence and not open to appellate intervention; arguments as to enforceability under s 54A and uncertainty were not raised below and could not be raised for the first time on appeal.

Court Disposition

appeal dismissed with costs

Orders

  • Appeal dismissed with costs