Full Court Minute Books

Case M143/2016

Ecosse Property Holdings Pty Ltd v. Gee Dee Nominees Pty Ltd

Case No.

M143/2016

Case Information

Lower Court Judgment

4/03/2016 Supreme Court of Victoria (Court of Appeal) (Santamaria, Kyrou and McLeish JJA)

[2016] VSCA 23

Catchwords

Contract law – Construction of contract – Long term farm lease – Where planning scheme restrictions prevented freehold sale – Where parties entered into 99 year lease for total rental of $70,000 paid in full at commencement of lease – Where clause 13 referred to intention of lessor to sell and lessee to purchase freehold for consideration of $70,000 – Where clause 4 provided that lessee to pay “all rates taxes assessments and outgoings whatsoever excepting land tax … payable by the Landholder or tenant” – Whether the Court should consider parties mutual subjective intention when constructing a contract.

Short particulars

Documents

07/10/2016 Hearing (SLA, Canberra v/link Melbourne)

20/10/2016 Notice of appeal

04/11/2016 Written submissions (Appellant)

04/11/2016 Chronology (Appellant)

21/11/2016 Written submissions (Respondent)

25/11/2016 Reply

14/12/2016 Hearing (Full Court, Canberra) (Audio-visual recording)