Tennent & ors v Moukhlina & ors (RLD) [2008] NSWADTAP 83

Tennent & ors v Moukhlina & ors (RLD) [2008] NSWADTAP 83

Mr Djordjevic had implied authority, by virtue of Mr Conroy's course of conduct leaving him in charge of the lease, to exercise the option to renew on behalf of both lessees; alternatively, Mr Conroy's subsequent conduct in joining proceedings amounted to ratification. The lessors were estopped from denying the...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
17 December 2008
Procedural Posture
Appeal / Appeal Panel Decision
Outcome
Appeal allowed
Legal Topics
['retail Leases' 'option to Renew' 'landlord and Tenant' 'agency' 'estoppel' 'ratification']
['property Law' 'commercial Law'] ['retail Leases' 'option to Renew' 'landlord and Tenant' 'agency' 'estoppel' 'ratification']

Source-derived case record

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Procedural Posture

Appeal / Appeal Panel Decision

Legal Issues

  1. 1 ['Was the notice exercising the option to renew the lease effective when given by a third party (Mr Djordjevic) on behalf of the named lessees?' 'Did Mr Djordjevic have actual, implied, or apparent authority, or was there subsequent ratification by Mr Conroy for the exercise of the option?' 'Were the lessors estopped from denying the validity of the notice?' 'Should the applicants be granted relief against forfeiture of the lease?']

Ratio Decidendi

Mr Djordjevic had implied authority, by virtue of Mr Conroy's course of conduct leaving him in charge of the lease, to exercise the option to renew on behalf of both lessees; alternatively, Mr Conroy's subsequent conduct in joining proceedings amounted to ratification. The lessors were estopped from denying the effectiveness of the notice. Thus, the option to renew was validly exercised and the lease was renewed, subject to determination of rent.

Court Disposition

Appeal allowed

Orders

  • ['Declare that the lessors, Tennent and Conroy, have effectively renewed the original lease for a period of three years commencing 10 November 2006, subject to determination of the rent.' 'Parties to file and serve any applications for costs according to set timetable; decision on costs to be made on the papers...