LEASK v FARLMIST PTY LTD [1998] NSWCA 283

LEASK v FARLMIST PTY LTD [1998] NSWCA 283

Appeal allowed; during occupation, appellant was tenant at will at monthly rent of $8,500 but was entitled to three month rent holiday; calculation of rent owing should reflect this period; respondent entitled to judgment for $11,050 (original sum less three months rent).

Source-derived case information.

Parties
Appellant: Stephen Leask; Respondent: Farlmist Pty Ltd
Jurisdiction
Australia
Judgment Date
18 December 1998
Procedural Posture
Appeal / Judgment
Outcome
appeal allowed
Legal Topics
Commercial Lease, Tenancy at Will, Rent Holiday, Statutory Tenancy, Misrepresentation
Property Law Commercial Lease Tenancy at Will Rent Holiday Statutory Tenancy Misrepresentation

Source-derived case record

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Parties

Stephen Leask

Appellant

Farlmist Pty Ltd

Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether the appellant occupied as tenant at will or licensee
  2. 2 Effect of Council development approval condition on lease
  3. 3 Appropriate rental during occupation

Ratio Decidendi

Appeal allowed; during occupation, appellant was tenant at will at monthly rent of $8,500 but was entitled to three month rent holiday; calculation of rent owing should reflect this period; respondent entitled to judgment for $11,050 (original sum less three months rent).

Court Disposition

appeal allowed

Orders

  • Set aside District Court judgment of 24 October 1996 and substitute judgment for plaintiff in amount of $11,050
  • Defendant to pay plaintiff’s costs of District Court proceedings