Szabo & Associates News & Updates

It is not unusual in commercial disputes for one party to argue, because they have a right of set-off that they are not liable to pay all or part of a claim made by the other party. Set-off is a common law right allowing commercial parties which have debts owing to each other to set them off.

A commercial lease is a contract between a landlord and a business for the purpose of renting a property owned by the landlord. Many businesses choose to enter a commercial lease from where they can operate their business rather than buying because there is not the same requirement for capital to invest. As with any contract, a commercial lease comes with a range of responsibilities on the part of both parties.

Section 4.31 of NSW’s Environmental Planning and Assessment Act (1979) provides a Council (and others) with the power to commence proceedings to review the issue of a Complying Development Certificate (CDC). The illustrated case is the first time that the NSW Land and Environment Court used its power under s4.31 in declaring that the CDC that had been issued was invalid.

A commercial lease is a contract between a landlord and a business owner for renting property owned by the landlord. It is quite normal that a tenant will be required to provide security regarding their performance under the lease. This security requirement is normally provided by way of a bank guarantee or cash.

Disputes with neighbours over trees with overhanging branches or where there is the potential for property damage are not uncommon but best settled amicably if possible. If the problem persists, speaking with a solicitor about your rights and potential ways of resolving the matter is likely to be the way forward.