Leasing and Property Newsletter – August 2017
Published on August 4, 2017 by Alex Collie , Matthew Rafferty and Paul Carroll
In this edition our team report on the following topics:
- A recent decision by the NSW Court of Appeal that may prove an obstacle to enforcing tenancy agreements where the landlord is interstate;
- New requirements for staged developments and the “concept development” that the NSW Government proposes to replace it with;
- A Retail Lease case reminding us to ensure all essential terms of the lease are agreed.
The Carroll & O’Dea Leasing and Property Team
Difficulty enforcing leasing agreements with interstate and international landlords
A NSW Court of Appeal decision regarding the enforcement of anti-discrimination legislation has had the surprise effect of throwing doubt on the enforceability of tenancy agreements where the landlord does not reside in NSW.
Alex Collie, Lawyer
Paul Carroll, Partner
An unexpected step: a new interpretation of staged development applications
The extensive redevelopment of the Walsh Bay Arts Precinct has hit a snag following a recent decision of the NSW Court of Appeal which may have significant impact on staged development applications. The decision adds new requirements for staged development applications including multiple subsequent development applications and consideration of the impacts of construction, with the State Government attempting rush through new legislation to remedy this new interpretation of staged development requirements.
Alex Collie, Lawyer
Paul Carroll, Partner
Essential Terms must be agreed in a Retail Lease
A recent NSW Court of Appeal case confirmed a failure of the Market Review clause resulted in an Option Lease not coming into existence – and hence, the tenant did not repudiate it. The case is interesting in how the Retail Leases Act moderates market review clauses, and also is a good reminder about the need for clear agreement between the parties on all the essential terms – an agreement to agree is not enforceable.
Matthew Rafferty, Partner
