Universal Roofing and Accessories Pty Ltd v Singh [2004] NSWSC 32

Universal Roofing and Accessories Pty Ltd v Singh [2004] NSWSC 32

The plaintiff did not establish a prima facie case that the option to renew had been properly exercised because the lease required service of a notice of exercise of option and, on the authorities, such notice had to be in writing; no written notice was given within the prescribed period. The interlocutory injunction was therefore declined.

Jurisdiction
Australia
Judgment Date
02 February 2004
Procedural Posture
Interlocutory Application for an Injunction by a Lessee / Interlocutory
Outcome
Application for interlocutory injunction declined.
Legal Topics
['option to Renew Lease' 'exercise of Option' 'written Notice' 'without Prejudice Correspondence' 'privilege' 'interlocutory Injunction' 'estoppel or Election']
['evidence' 'landlord and Tenant' 'equity'] ['option to Renew Lease' 'exercise of Option' 'written Notice' 'without Prejudice Correspondence' 'privilege' 'interlocutory Injunction' 'estoppel or Election']

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Procedural Posture

Interlocutory Application for an Injunction by a Lessee / Interlocutory

Legal Issues

  1. 1 ['Whether the tenant had a prima facie case that an option to renew the lease was properly exercised by oral notification rather than written notice.' 'Whether without prejudice correspondence was admissible under s 131(2)(i) of the Evidence Act 1995.' 'Whether an interlocutory injunction should be granted.']

Ratio Decidendi

The plaintiff did not establish a prima facie case that the option to renew had been properly exercised because the lease required service of a notice of exercise of option and, on the authorities, such notice had to be in writing; no written notice was given within the prescribed period. The interlocutory injunction was therefore declined.

Court Disposition

Application for interlocutory injunction declined.

Orders

  • ['The interlocutory injunction was declined and the injunction granted by the duty judge during vacation was to expire at 5 pm that night.' 'Leave was given to the defendant to file in court a cross-claim for possession.' "The matter was stood over to the Registrar's list on 10 February at 9.30 am." 'The plaintiff...