PANIZZA v AUSCOTT LTD [1989] NSWCA 249

PANIZZA v AUSCOTT LTD [1989] NSWCA 249

Upon true construction of the lease, the deduction of the mortgage instalment is part of the formula for calculating the crop rent; the right to deduct survives assignment and binds new owners, both at common law and under the Conveyancing Act.

Parties
Appellant: URJ Panizza; Respondent: Auscott Ltd
Jurisdiction
Australia
Judgment Date
15 December 1989
Procedural Posture
Appeal / Court of Appeal Decision
Outcome
Appeal dismissed with costs
Legal Topics
Leasehold, Calculation of Rent, Assignment of Lease, Covenants Running With the Land
Property Law Landlord and Tenant Leasehold Calculation of Rent Assignment of Lease Covenants Running With the Land

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Parties

URJ Panizza

Appellant

Auscott Ltd

Respondent

Procedural Posture

Appeal / Court of Appeal Decision

Legal Issues

  1. 1 Whether the deduction of mortgage instalment from crop rent survives change of ownership of the land
  2. 2 Whether the deduction is part of the formula for calculating rent or a separate right
  3. 3 Whether the lessee can enforce deduction against the new owners by common law or by Conveyancing Act 1919, ss116-117, or Real Property Act 1900, s40(3)

Ratio Decidendi

Upon true construction of the lease, the deduction of the mortgage instalment is part of the formula for calculating the crop rent; the right to deduct survives assignment and binds new owners, both at common law and under the Conveyancing Act.

Court Disposition

Appeal dismissed with costs

Orders

  • Appeal dismissed with costs