Roach v Braun (RLD) [2011] NSWADTAP 40

Roach v Braun (RLD) [2011] NSWADTAP 40

The appeal succeeded in part. The Panel held that the parties were bound by the terms of the Second Lease despite non-execution by all lessors and non-registration, based on correspondence and conduct indicating mutual acceptance. The Panel found the lower tribunal erred in awarding damages for legal costs and certain repair invoices unsupported by specific evidence, but otherwise upheld the finding of a binding lease and entitlement for outstanding rent and interest.

Jurisdiction
Australia
Judgment Date
06 September 2011
Procedural Posture
Appeal / Decision of Appeal Panel, Setting Aside Part of Orders Below
Outcome
Appeal allowed in part.
Legal Topics
['retail Shop Leases' 'contract Formation' 'disclosure Statements' 'repudiation of Lease']
['property Law' 'commercial Law'] ['retail Shop Leases' 'contract Formation' 'disclosure Statements' 'repudiation of Lease']

Case Brief

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Procedural Posture

Appeal / Decision of Appeal Panel, Setting Aside Part of Orders Below

Legal Issues

  1. 1 ['Whether a binding lease agreement existed despite non-execution by all parties and lack of registration' "Whether lessor's disclosure statement misstatements allowed lessee to terminate the lease" 'Correct assessment of damages for repudiation of lease']

Ratio Decidendi

The appeal succeeded in part. The Panel held that the parties were bound by the terms of the Second Lease despite non-execution by all lessors and non-registration, based on correspondence and conduct indicating mutual acceptance. The Panel found the lower tribunal erred in awarding damages for legal costs and certain repair invoices unsupported by specific evidence, but otherwise upheld the finding of a binding lease and entitlement for outstanding rent and interest.

Court Disposition

Appeal allowed in part.

Orders

  • ['Order 3 of the Tribunal, made on 21 February 2011, is set aside and substituted: Respondent (Mr Braun) is to pay to Applicant (Ms Roach): outstanding rent of $14,400.00; interest on outstanding rent at 10% per annum; survey fees of $825.00.' 'Order 4 of the Tribunal is set aside and substituted: Applicant (Ms...