Wynne Avenue Property Pty Ltd v MJHQ Pty Ltd [2019] NSWCATAP 41

Wynne Avenue Property Pty Ltd v MJHQ Pty Ltd [2019] NSWCATAP 41

The statutory requirement under section 35 is compliance at the time of notice: sufficient details were provided to indicate a genuine proposal to demolish in a reasonably practicable period after lease termination, and the notice was valid. The asserted deficiencies did not detract from the sufficiency of the...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
15 February 2019
Procedural Posture
Appeal / Appeal From Civil and Administrative Tribunal (consumer and Commercial Division)
Outcome
Appeal allowed
Legal Topics
['demolition Clause' 'section 35 Retail Leases Act 1994 (nsw)' 'termination of Lease' 'genuine Proposal for Demolition']
['retail Leases' 'tenancy Law'] ['demolition Clause' 'section 35 Retail Leases Act 1994 (nsw)' 'termination of Lease' 'genuine Proposal for Demolition']

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Procedural Posture

Appeal / Appeal From Civil and Administrative Tribunal (consumer and Commercial Division)

Legal Issues

  1. 1 ['Was the notice of termination served under section 35 of the Retail Leases Act 1994 (NSW) valid?' 'Did the notice sufficiently indicate a genuine proposal for demolition within a reasonably practicable time after the lease is to be terminated?']

Ratio Decidendi

The statutory requirement under section 35 is compliance at the time of notice: sufficient details were provided to indicate a genuine proposal to demolish in a reasonably practicable period after lease termination, and the notice was valid. The asserted deficiencies did not detract from the sufficiency of the details nor affect the genuineness of the proposal.

Court Disposition

Appeal allowed

Orders

  • ['Appeal allowed' 'Declaration that the notice to terminate issued by the appellant is invalid is quashed' 'Declare that the notice to terminate issued by the appellant to the respondent dated 25 August 2017 is a valid notice under the Retail Leases Act 1994' 'By consent, the respondent to deliver up vacant...