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Construction
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Executive Summary (One Minute Read)
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Bong Bong Town Centre
v Illawarra Clay Target Club (NSWSC) – contract – lease – lessee required to
remove lead contamination from land and put it in condition suitable for
development |
Summaries With Link (Five Minute Read) |
Bong Bong Town Centre v
Illawarra Clay Target Club
[2015] NSWSC 316
Supreme
Court of New South Wales
McDougall
J
Contract
– remediation clause - plaintiff leased land to defendant club - two variations
to lease – by second variation term of lease increased and new clause inserted –
dispute concerned club’s obligations to remediate land under clause of lease
read in conjunction with clause inserted by second variation – proper construction
of remediation clause – validity of notice for purposes of clause inserted by
second variation - held: club liable to remove lead contamination from and
otherwise make good leased land, and in default to reimburse plaintiff for
doing so.
BongBong
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