LEASK v MOLINA [1999] NSWCA 14

LEASK v MOLINA [1999] NSWCA 14

The assignment of the leases from the Molinas to Mr Leask was effective in equity despite the absence of the lessor's prior consent, as such breach only gave rise to a right to forfeit, not to voidness, and in any case the evidence suggested consent may have been granted. There was no adequate evidence to establish that the contract was procured by fraudulent misrepresentation concerning business takings; the onus of proof was not met.

Jurisdiction
Australia
Judgment Date
01 February 1999
Procedural Posture
Civil Appeal / Court of Appeal Judgment
Outcome
Appeal dismissed with costs
Legal Topics
['assignment of Lease' 'fraudulent Misrepresentation' 'rescision of Contract']
['property Law' 'contract Law'] ['assignment of Lease' 'fraudulent Misrepresentation' 'rescision of Contract']

Case Brief

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Procedural Posture

Civil Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 ["Whether there was an equitable assignment of the two leases from the Molinas to Mr Leask absent lessor's consent" 'Whether the contract of sale was procured by fraudulent misrepresentation']

Ratio Decidendi

The assignment of the leases from the Molinas to Mr Leask was effective in equity despite the absence of the lessor's prior consent, as such breach only gave rise to a right to forfeit, not to voidness, and in any case the evidence suggested consent may have been granted. There was no adequate evidence to establish that the contract was procured by fraudulent misrepresentation concerning business takings; the onus of proof was not met.

Court Disposition

Appeal dismissed with costs

Orders

  • ['Appeal dismissed with costs' 'Costs of second and third respondents to be paid on a submitting basis']