PERPETUAL TRUSTEE Co Ltd v CROOKS MICHELL PEACOCK STEWART Pty Ltd [1992] NSWCA 184

PERPETUAL TRUSTEE Co Ltd v CROOKS MICHELL PEACOCK STEWART Pty Ltd [1992] NSWCA 184

The majority held that the declarations should clarify that references in the disputed clause concern specific defined terms and that certain prohibitions apply only to open market rental determination, not to comparable premises; therefore, the appeal is dismissed with variation of Brownie J’s declarations for greater clarity.

Parties
Appellant: Perpetual Trustee Co Ltd; First Respondent: Crooks Michell Peacock Stewart Pty Ltd; Second Respondent: Second Respondent
Jurisdiction
Australia
Judgment Date
16 October 1992
Procedural Posture
Appeal / Final Judgment
Outcome
appeal dismissed with variation of declarations
Legal Topics
Interpretation of Lease Clauses, Form of Orders, Market Rental Determination
Conveyancing Interpretation of Lease Clauses Form of Orders Market Rental Determination

Case Brief

Summary, issues, holding and outcome

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Parties

Perpetual Trustee Co Ltd

Appellant

Crooks Michell Peacock Stewart Pty Ltd

First Respondent

Second Respondent

Second Respondent

Procedural Posture

Appeal / Final Judgment

Legal Issues

  1. 1 Whether appeal should be dismissed or declarations regarding clause interpretation made
  2. 2 Proper interpretation of CL4.5.8 in sublease dated 28 February 1990

Ratio Decidendi

The majority held that the declarations should clarify that references in the disputed clause concern specific defined terms and that certain prohibitions apply only to open market rental determination, not to comparable premises; therefore, the appeal is dismissed with variation of Brownie J’s declarations for greater clarity.

Court Disposition

appeal dismissed with variation of declarations

Orders

  • Appeal dismissed, subject only to variation of the declarations made by Brownie J.
  • In lieu of the declarations of Brownie J dated 12 March 1992, declare specific construction of CL4.5.8 as described.