Pyrmont Point Pty Ltd v Westacott [2015] NSWSC 783

Pyrmont Point Pty Ltd v Westacott [2015] NSWSC 783

Section 6(1)(b) of the Retail Leases Act 1994 is an exclusionary provision whose plain and ordinary meaning treats a lease as being for 25 years or more where the lease, including options for renewal or extension exercisable by the lessee, may cumulatively run for 25 years or more. Because the plaintiff's proposed appeal depended on a contrary construction, it could not succeed and leave to appeal was refused.

Jurisdiction
Australia
Judgment Date
18 June 2015
Procedural Posture
Application for Leave to Appeal From a Decision of the Internal Appeal Panel of the NSW Civil and Administrative Tribunal / Supreme Court Leave to Appeal Application
Outcome
Leave to appeal refused; summons dismissed.
Legal Topics
['appeal From Ncat' 'construction of S 6(1)(b) of the Retail Leases Act 1994' 'exclusion of Leases for a Term of 25 Years or More' 'use of Extrinsic Material']
['retail Leases' 'statutory Interpretation' 'administrative Law'] ['appeal From Ncat' 'construction of S 6(1)(b) of the Retail Leases Act 1994' 'exclusion of Leases for a Term of 25 Years or More' 'use of Extrinsic Material']

Case Brief

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Procedural Posture

Application for Leave to Appeal From a Decision of the Internal Appeal Panel of the NSW Civil and Administrative Tribunal / Supreme Court Leave to Appeal Application

Legal Issues

  1. 1 ['Whether leave should be granted to appeal from the NCAT Appeal Panel decision.' 'Whether s 6(1)(b) of the Retail Leases Act 1994 excludes from the Act a lease which, including options for renewal or extension exercisable by the lessee, may run for 25 years or more.' 'Whether the term of the lease for s 6(1)(b) purposes should include all available renewal options or only the current renewal period.']

Ratio Decidendi

Section 6(1)(b) of the Retail Leases Act 1994 is an exclusionary provision whose plain and ordinary meaning treats a lease as being for 25 years or more where the lease, including options for renewal or extension exercisable by the lessee, may cumulatively run for 25 years or more. Because the plaintiff's proposed appeal depended on a contrary construction, it could not succeed and leave to appeal was refused.

Court Disposition

Leave to appeal refused; summons dismissed.

Orders

  • ['Leave to appeal refused.' 'Summons dismissed.' 'Costs in favour of the defendant.']