Recent Cases

United Petroleum Pty Ltd v Coastal Service Centres Pty Ltd [2024] NSWCA 97 (03 May 2024) (White and Harrison JJA, Basten AJA)


APPEALS – fact-finding – challenge to genuineness of belief – witness’ credibility – belief not glaringly improbable – whether belief objectively unreasonable – witness with expertise to form belief – no expert evidence to contradict reasonableness

CONTRACTS – commercial lease – construction – implication of terms – landlord’s power to issue notice where leased property suffered fire damage – effect of notice to allow landlord to terminate lease – criterion for issue of notice was landlord’s belief that repair “impracticable or undesirable” – whether belief to be objectively reasonable – whether belief to be formed in good faith

LEASES AND TENANCIES – termination without default – leased property damaged by fire – lessor’s power to serve notice if repair impracticable or undesirable – effect of notice to allow termination – whether notice given within reasonable time – period of reasonable time commencing when damage occurred – further period from time when lessor formed opinion permitting service of notice