Szabo & Associates News & Updates

The recent NSW Supreme Court case of Realm Resources Ltd v Aurora Place Investments Pty Ltd (2019) dealt with a dispute that arose as to whether a binding sublease of five years had been entered into in respect of part of Level 16 of the Aurora Place building in Sydney's Philip Street.

The NSW Court of Appeal has recently considered the effect of a market rent review clause in Strike Australia Pty Ltd v Data Base Corporate Pty Ltd (2019).

Judicial review is a review by a court which tests the legality of a decision. If someone wishes to seek judicial review of a decision, it is important to comply with any time limits.

Background

A demolition clause is a clause in a retail lease that provides that the lease can be terminated early by the landlord if it decides to demolish, or substantially renovate, a property. As long as the landlord complies with the requirements of section 35 of the Retail Lease Act 1994 (NSW) they are entitled to terminate the lease and only pay a limited amount in respect of the tenant's fit-out costs but not, for example, the costs of moving, loss of profits, or any subsequent increase in rent.

Background

Ms Saffioti owns a block of land in Kiama on the southern coast of New South Wales. Except for her existing small dwelling, the rest of the block of land is covered in native vegetation. Her initial development proposal was to build another small dwelling with a garage on another part of the block. The Council did not contest that Ms Saffioti had an existing use right in respect of her existing property but argued that this could not be extended to the entire block because new zoning laws only allowed developments satisfying environmental conservation requirements.