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)
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.
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)
29/03/2017 Judgment (Judgment summary)