Premprop Pty Limited v Mandalong Projects Pty Limited [2011] NSWADT 274

Premprop Pty Limited v Mandalong Projects Pty Limited [2011] NSWADT 274

The relocation notices were invalid because clause 18, as modified by s34A, did not permit the Respondent to require relocation for a complete demolition and rebuild and the notices did not offer alternative premises within the Centre for the remainder of the existing lease term. The words "alter, extend or refurbish" did not, in their context, include complete demolition. The demolition notices were invalid because the lease did not provide for termination on the ground of proposed demolition in the manner required by s35, and the notices failed to comply with the requirements for valid demolition termination. The Applicant was therefore entitled to declarations and restraints protecting...

Jurisdiction
Australia
Judgment Date
21 November 2011
Procedural Posture
Retail Leases Division Application for Declarations and Restraining Orders Concerning Relocation Notices, Demolition Termination Notices and Car Park Licence Termination Notices / Principal Judgment After Urgent Hearing
Outcome
Application substantially allowed in relation to the relocation notices, demolition termination notices and restraints concerning shops 10 and 12; no declaration made on the car park licence termination notices, with liberty to apply.
Legal Topics
['relocation Notice' 'demolition Termination Notice' 'retail Shopping Centre Redevelopment' 'quiet Enjoyment' 'car Park Licence' 'construction of Lease Terms']
['retail Leases' 'real Property' 'contract Interpretation'] ['relocation Notice' 'demolition Termination Notice' 'retail Shopping Centre Redevelopment' 'quiet Enjoyment' 'car Park Licence' 'construction of Lease Terms']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Retail Leases Division Application for Declarations and Restraining Orders Concerning Relocation Notices, Demolition Termination Notices and Car Park Licence Termination Notices / Principal Judgment After Urgent Hearing

Legal Issues

  1. 1 ['Whether the relocation notices dated 26 October 2010 were valid under clause 18 of the lease as modified by s34A of the Retail Leases Act.' 'Whether the words "extend, alter or refurbish" in clause 18 were wide enough to include demolition and rebuilding of the Centre.' 'Whether the demolition termination notices dated 29 March 2011 were valid under s35 of the Retail Leases Act.' 'Whether restraining orders should be made to prevent exclusion of the Applicant from shops 10 and 12 and interference with occupation and use before expiry of the leases.' 'Whether declarations should be made concerning the car park licence termination notices.']

Ratio Decidendi

The relocation notices were invalid because clause 18, as modified by s34A, did not permit the Respondent to require relocation for a complete demolition and rebuild and the notices did not offer alternative premises within the Centre for the remainder of the existing lease term. The words "alter, extend or refurbish" did not, in their context, include complete demolition. The demolition notices were invalid because the lease did not provide for termination on the ground of proposed demolition in the manner required by s35, and the notices failed to comply with the requirements for valid demolition termination. The Applicant was therefore entitled to declarations and restraints protecting...

Court Disposition

Application substantially allowed in relation to the relocation notices, demolition termination notices and restraints concerning shops 10 and 12; no declaration made on the car park licence termination notices, with liberty to apply.

Orders

  • ['Declare that each of the relocation notices dated 26 October 2010 in respect of the Mosman Village Plaza ("the Centre") is invalid and of no effect.' 'Declare that each of the demolition termination notices dated 29 March 2011 is invalid and of no effect.' 'Declare that the Respondent has no entitlement to...