Category Archives: !! Part 3.01

OXS Pty Ltd v Sydney Harbour Foreshore Authority and Minister for Planning and Environment [2014] NSWSC 1174 (26 August 2014)

CONTRACTS – existence of contract – where relevant premises leased to plaintiff by relevant defendant – where current lease has expired – whether relevant correspondence between parties purporting gave rise to binding contract to grant a new lease – whether relevant correspondence had sufficient certainty to give rise to an enforceable contract – whether lease on “commercial terms” is sufficiently certain – whether conditions of contract needed to be satisfied by relevant date – whether ministerial consent was provided for entry into contract under Sydney Harbour Foreshore Authority Act 1998 (NSW) s 19 – whether entry into contract was valid absent ministerial consent – whether relevant defendant is bound by implied term to seek ministerial consent.

EQUITY – equitable remedies – specific performance – where plaintiff seeks order for specific performance of contract under subsequent and not original terms – where contract is too uncertain to have contractual effect – defence of delay – whether specific performance should be granted.

TRADE PRACTICES – misleading or deceptive conduct – whether alleged representations were made by relevant defendant – whether relevant representations were misleading or deceptive or likely to mislead or deceive – whether plaintiff had relied on alleged representations – whether it can be established that loss and damage suffered by plaintiff was caused by alleged representations – application of Australian Consumer Law s 18 and Retail Leases Act 1994 (NSW) s 62D.

TRADE PRACTICES – unconscionable conduct – whether relevant defendant engaged in unconscionable conduct under Australian Consumer Law ss 20 and 22 and Retail Leases Act s 62B.

ESTOPPEL – representational – whether relevant defendant has departed from relevant representation – whether relevant defendant should be estopped from denying existence of contract or granting lease.

ADMINISTRATIVE LAW – prerogative writs and orders – application for orders in the nature of certiorari, mandamus and declaration in respect of “decision” by relevant defendant – where no decision was made by relevant defendant – whether orders for relief should be granted under Supreme Court Act 1970 (NSW) s 69.

WORDS AND PHRASES – “commercial terms”