A & J Verdi Pty Ltd v Uckan (RLD) [2010] NSWADTAP 83

A & J Verdi Pty Ltd v Uckan (RLD) [2010] NSWADTAP 83

The obligation to obtain development approval for the business use mandated by the lease falls on the tenant, not the landlord, because there is no special factual circumstance or express oral agreement to justify implication of a landlord’s obligation; the lease’s express terms require the tenant to comply with statutes and obtain operational approval.

Jurisdiction
Australia
Judgment Date
17 December 2010
Procedural Posture
Appeal / Appeal Panel Decision
Outcome
Appeal dismissed
Legal Topics
['retail Shop Leases' 'leases' 'implied Terms' 'development Approval' 'landlord and Tenant']
['property Law' 'commercial Law'] ['retail Shop Leases' 'leases' 'implied Terms' 'development Approval' 'landlord and Tenant']

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Procedural Posture

Appeal / Appeal Panel Decision

Legal Issues

  1. 1 ['Whether the landlord or the tenant is responsible for obtaining council development approval for the permitted use under a retail shop lease' 'Whether a term should be implied in the lease that the landlord must obtain council approval for the tenant’s business use']

Ratio Decidendi

The obligation to obtain development approval for the business use mandated by the lease falls on the tenant, not the landlord, because there is no special factual circumstance or express oral agreement to justify implication of a landlord’s obligation; the lease’s express terms require the tenant to comply with statutes and obtain operational approval.

Court Disposition

Appeal dismissed

Orders

  • ['The appeal is dismissed.' "There will be no order for the costs of this appeal unless a party files and serves an application for costs, with supporting submissions, within 15 working days. In such event, the opposing party or parties must file and serve submissions in response within a further 15 working days....