Recent Cases

Willis Australia Ltd v AMP Capital Investors Ltd [2023] NSWCA 158 (11 July 2023) (Ward P, Beech-Jones JA and Griffiths AJA)


CONTRACTS – Option to renew lease – Where conditions said to be waived by lessor – Whether terms amount to conditional contract or irrevocable offer – Whether there is need to resolve issue of conditional contract or irrevocable offer – Where lessee revokes notice given to lessor to exercise option before all contractual conditions performed – Whether lessee bound to exercise option

CONTRACTS – Construction – Interpretation – Where variation or waiver must be signed and in writing by party or parties – Whether lessor can unilaterally waive performance of contractual conditions until a later time