Senses Northbridge Pty Ltd v Sahab Holdings Pty Ltd [2019] NSWSC 1201

Senses Northbridge Pty Ltd v Sahab Holdings Pty Ltd [2019] NSWSC 1201

Sahab, through the conduct and statements of its director Kenneth Kanjian, induced Senses to reasonably assume and rely on the proposition that Sahab would not require the development application to be based on the Jago Concept Plans. It is therefore unconscionable for Sahab to insist upon strict compliance with cl 3.2; Sahab is estopped from refusing to consent to the development application presented by Senses.

Parties
Plaintiff: Senses Northbridge Pty Ltd; Defendant: Sahab Holdings Pty Ltd
Jurisdiction
Australia
Judgment Date
11 September 2019
Procedural Posture
Equity / Principal Judgment
Outcome
Senses is entitled to the relief claimed, namely an order for Sahab to sign the development application as prepared. Argument on costs reserved.
Legal Topics
Development Application Consent, Contractual Waiver, Estoppel (promissory and Conventional), Specific Performance
Contract Equity Development Application Consent Contractual Waiver Estoppel (promissory and Conventional) Specific Performance

Case Brief

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Parties

Senses Northbridge Pty Ltd

Plaintiff

Sahab Holdings Pty Ltd

Defendant

Procedural Posture

Equity / Principal Judgment

Legal Issues

  1. 1 Whether Sahab Holdings Pty Ltd was obliged under the agreement for lease to consent to a development application not based on the Jago Concept Plans
  2. 2 Whether Sahab waived or is estopped from insisting on compliance with the requirement that the application be based on the Jago Concept Plans
  3. 3 Appropriate relief or remedy where such waiver or estoppel is established

Ratio Decidendi

Sahab, through the conduct and statements of its director Kenneth Kanjian, induced Senses to reasonably assume and rely on the proposition that Sahab would not require the development application to be based on the Jago Concept Plans. It is therefore unconscionable for Sahab to insist upon strict compliance with cl 3.2; Sahab is estopped from refusing to consent to the development application presented by Senses.

Court Disposition

Senses is entitled to the relief claimed, namely an order for Sahab to sign the development application as prepared. Argument on costs reserved.

Orders

  • Direct the parties, within 7 days, to bring in short minutes giving effect to the conclusions indicated in these reasons and providing for argument on the question of costs.