Turan Hasan and Inver Kapuraya v Pirasta Pty Ltd [2014] NSWCATCD 201

Turan Hasan and Inver Kapuraya v Pirasta Pty Ltd [2014] NSWCATCD 201

The lessees did not establish a right to renew the lease or to a reduced rental. The lessor's notice under section 44 was deficient but the lessees did not act to extend the lease. The claim for damages due to the new lessee at a lesser rent was unfounded. The additional payment was not made under duress because the prior agreement was accord executory and could be revoked by the lessor before performance, and a new agreement was entered into voluntarily by the lessees.

Jurisdiction
Australia
Judgment Date
14 October 2014
Procedural Posture
Lease Dispute / Final Hearing and Judgment
Outcome
application dismissed
Legal Topics
['retail Leases Act' 'lease Renewal' 'duress' 'contract Formation' 'rental Arrears']
['commercial Law' 'leasing'] ['retail Leases Act' 'lease Renewal' 'duress' 'contract Formation' 'rental Arrears']

Case Brief

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Procedural Posture

Lease Dispute / Final Hearing and Judgment

Legal Issues

  1. 1 ['Whether lessees were entitled to renew the lease at a reduced rent' 'Whether a new lessee was granted a lease at a reduced rent causing loss to current lessees' 'Whether lessor reneged on an agreement and received an additional payment under duress' 'Whether lease extension under section 44 of the Retail Leases Act 1994 was available']

Ratio Decidendi

The lessees did not establish a right to renew the lease or to a reduced rental. The lessor's notice under section 44 was deficient but the lessees did not act to extend the lease. The claim for damages due to the new lessee at a lesser rent was unfounded. The additional payment was not made under duress because the prior agreement was accord executory and could be revoked by the lessor before performance, and a new agreement was entered into voluntarily by the lessees.

Court Disposition

application dismissed

Orders

  • ["The lessees' application is dismissed." 'Either party is at liberty to make a costs application in these proceedings.' 'Any costs application pursuant to section 60 of the Civil and Administrative Tribunal Act 2013 or rule 38 of the Civil and Administrative Tribunal Rules 2014 must be lodged in the Tribunal and...