Gumland Property Holdings Pty Limited v Duffy Bros Fruit Market (Campbelltown) Pty Limited

Contracts – Termination for breach - Damages - Ability to recover substantial damages after termination where termination based on express provision making contractual term essential.

Contracts – Lease - Breach of term by lessee - Whether lessor entitled after terminating lease to recover loss of bargain damages where but for express contractual provisions providing for the consequences of breach the lessor would not have been entitled to terminate.

Real property – Lease - Covenants that touch and concern the land - Whether the right to seek damages for breach of covenant to pay rent touches and concerns the land - Whether the assignee of a leasehold reversion is entitled to terminate a lease and recover loss of bargain damages, notwithstanding the absence of privity of contract between the assignee and lessee.

Real property – Lease - Guarantors - Whether guarantor's covenant to guarantee payment of rent by the lessee touches and concerns the land and passes with the leasehold reversion.

Conveyancing Act 1919 (NSW) – s 117.