Vicliz Pty Limited v FAS Timber Pty Limited [2005] NSWDC 9

Vicliz Pty Limited v FAS Timber Pty Limited [2005] NSWDC 9

The plaintiff and FAST were engaged in a tenancy at will terminable by one month's written notice; as only oral notice was given and the bond and deposit covered more than one month's rent, the defendants owed nothing; the guarantees were not enforceable as the principal lease was never executed.

Jurisdiction
Australia
Judgment Date
27 October 2005
Procedural Posture
Civil / Judgment
Outcome
Judgment for all three defendants on the plaintiff's claim.
Legal Topics
['lease' 'tenancy at Will' 'agreement to Lease' 'guarantees' 'damages' 'council Approval' 'termination of Tenancy' 'notice Requirements']
['property Law' 'contract Law'] ['lease' 'tenancy at Will' 'agreement to Lease' 'guarantees' 'damages' 'council Approval' 'termination of Tenancy' 'notice Requirements']

Case Brief

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Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 ['Whether there was an equitable lease, agreement to lease or tenancy at will' 'Liability for rent beyond one month following repudiation of the lease by the tenant' "Effectiveness and enforceability of directors' guarantees"]

Ratio Decidendi

The plaintiff and FAST were engaged in a tenancy at will terminable by one month's written notice; as only oral notice was given and the bond and deposit covered more than one month's rent, the defendants owed nothing; the guarantees were not enforceable as the principal lease was never executed.

Court Disposition

Judgment for all three defendants on the plaintiff's claim.

Orders

  • ["Plaintiff to pay first and second defendants' costs on the ordinary basis up until 21 June 2005 and thereafter on an indemnity basis." 'Exhibits to be retained for 28 days and then returned to parties absent appeal.']