LLB220 Lecture Notes - Lecture 10: Lease, Building, Nsw Law Reports

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7 Aug 2018
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Part 2: enforceability of lease covenants - termination of leases. Remedies for breach of lease covenants: textbook paragraphs 11. 41 to 11. 86. Old papa"s franchise systems pty ltd v camisa nominees pty ltd [2003] wasca 11. Unless there are exceptional circumstances, when the tenant is in breach, forfeiture will move forward. Gumland property holdings pty limited v duffy bros fruit market (campbelltown) pty limited (2008) 234. High court upheld a landlord"s right to obtain damages, including loss of bargain damages, following termination for a tenant"s breach of an agreed essential term. Payment is an essential term of the lease; touches and concerns the land. Landlord 2 has a right to enforce the original lease; especially if it"s a term. The facts: the landlord, transit, owned a grocery tenancy in a shopping centre. By 1999, duffy, the tenant, was experiencing difficulty trading and fell into arrears in rent.

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