SAADE v VERGADOS [1996] NSWCA 463

SAADE v VERGADOS [1996] NSWCA 463

The preparatory conduct by the landlords, including the application for development consent and related communications, did not constitute an unequivocal election to continue the lease; such conduct was not referable only to the exercise of a right under the lease. Further, the findings of fact by the trial judge could not be disturbed as they were neither inconsistent with incontrovertible facts nor glaringly improbable.

Parties
Appellant: Saade; Respondent: Vergados
Jurisdiction
Australia
Judgment Date
15 October 1996
Procedural Posture
Appeal / Judgment
Outcome
appeal dismissed with costs
Legal Topics
Lease Termination, Election by Lessor After Fire, Unequivocal Conduct
Real Property Equity Lease Termination Election by Lessor After Fire Unequivocal Conduct

Case Brief

Summary, issues, holding and outcome

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Parties

Saade

Appellant

Vergados

Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether the conduct of the landlords constituted an unequivocal election to continue the lease under cl3(c) following destruction by fire
  2. 2 Whether the trial judge's findings of fact regarding conversations and the effect of the Council's requirements should be overturned

Ratio Decidendi

The preparatory conduct by the landlords, including the application for development consent and related communications, did not constitute an unequivocal election to continue the lease; such conduct was not referable only to the exercise of a right under the lease. Further, the findings of fact by the trial judge could not be disturbed as they were neither inconsistent with incontrovertible facts nor glaringly improbable.

Court Disposition

appeal dismissed with costs

Orders

  • The appeal is dismissed with costs.