West End Motor Group Pty Ltd v Fisher [1999] NSWSC 1071

West End Motor Group Pty Ltd v Fisher [1999] NSWSC 1071

The plaintiff established, based on reliable witness evidence and contemporaneous documents, that there was a concluded antecedent agreement, or at least a common intention, that the leases should reflect a global market rental for the three properties, split between two leases, with the third (590-594 Church Street) to remain at nominal rent after review. The written leases failed to give effect to this intention, thus equity entitles the plaintiff to rectification.

Jurisdiction
Australia
Judgment Date
09 November 1999
Procedural Posture
Equity / First Instance Judgment
Outcome
Plaintiff found entitled to rectification.
Legal Topics
['rectification' 'mistake' 'lease Agreements' 'common Intention']
['equity'] ['rectification' 'mistake' 'lease Agreements' 'common Intention']

Case Brief

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Procedural Posture

Equity / First Instance Judgment

Legal Issues

  1. 1 ['Whether the leases of three Church Street properties should be rectified to reflect an antecedent agreement or common intention regarding global market rent and nominal rent allocation.' 'Whether the evidence established to the requisite standard that executed leases did not reflect the final intention of the parties.']

Ratio Decidendi

The plaintiff established, based on reliable witness evidence and contemporaneous documents, that there was a concluded antecedent agreement, or at least a common intention, that the leases should reflect a global market rental for the three properties, split between two leases, with the third (590-594 Church Street) to remain at nominal rent after review. The written leases failed to give effect to this intention, thus equity entitles the plaintiff to rectification.

Court Disposition

Plaintiff found entitled to rectification.

Orders

  • ['Short minutes to be brought in to give effect to the finding and to dispose of the cross claim. Costs and ancillary matters to be dealt with when minutes are brought in.']