Catchwords:

LEASES – whether a sub-clause of the leases entered into between the appellant (lessee) and each of the respondents (lessors), which provided for restrictions on the lessee dealing with its interest and rights/obligations under the leases, applied to the grant of a proposed licence by the lessee to a third party granting access rights – where that sub-clause was contained within a clause dealing with restrictions on assignment of the leases without the relevant lessor’s consent

LEASES – if the sub-clause applied – whether the lessors unreasonably withheld their consent to the grant of the proposed licence deed

CONTRACTS – construction – whether the lessee was entitled to grant the proposed licence without the lessors’ consent – where the lessee and lessors had shared rights to use the land the subject of the leases – where the lessee failed to exercise an option granted to it for the creation of an access easement, which would have resolved the issue of access by the third party