The NSW Court of Appeal has recently considered the effect of a market rent review clause in Strike Australia Pty Ltd v Data Base Corporate Pty Ltd (2019).
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Judicial review is a review by a court which tests the legality of a decision. If someone wishes to seek judicial review of a decision, it is important to comply with any time limits.
A demolition clause is a clause in a retail lease that provides that the lease can be terminated early by the landlord if it decides to demolish, or substantially renovate, a property. As long as the landlord complies with the requirements of section 35 of the Retail Lease Act 1994 (NSW) they are entitled to terminate the lease and only pay a limited amount in respect of the tenant's fit-out costs but not, for example, the costs of moving, loss of profits, or any subsequent increase in rent.
Recently we discussed the case of Environment Protection Agency v Grafil Pty Ltd; Mackenzie (2018) NSWLEC 99 partly in anticipation that the landmark decision would be underscored by the NSW Criminal Court of Appeal. However, the NSW Criminal Court of Appeal has now overturned this seminal decision, reversing nearly all of the original findings of the trial judge. The NSW Environment Protection Agency (EPA) succeeded on all its grounds in EPA v Mackenzie (2019). This outcome is perhaps somewhat surprising in that it places NSW at odds with other States where, for example, small amounts of asbestos are allowable in recyclable waste. It remains to be seen if it is appealed further to the High Court to settle these controversial issues once and for all.
The rule regarding “commorientes” is concerned with determining survivorship where two or more people have died in the same incident. If it cannot be determined who died first, then the younger should be presumed to have outlived the elder. This can lead to confusion over who is to get what of an inheritance.