Recent Cases

Saipan Holdings Pty Ltd v City Gym Sydney Pty Ltd [2023] NSWCA 55 (31 March 2023) (Ward P, Gleeson JA and Simpson AJA)


Catchwords:


LEASES AND TENANCIES – Repairs, maintenance and alterations – Obligation to make good including repairs to leaking roof – whether the contractual obligation to repair required the replacement of the roof – whether the meaning of the terms of the contract were construed objectively by the primary judge – whether appellants were prevented from performing their make good obligation by reason of the respondent’s refusal to grant access