Construction Monday, 23 March 2015 View in browser

A daily Bulletin listing our choice of Decisions of Superior Courts of Australia.


Executive Summary (One Minute Read)
City of Subiaco v Homebase Management Pty Ltd (WASCA) - lease - construction of ‘Fair Market Rent’ - appeal allowed 
Parker v BHP Billiton Iron Ore Pty Ltd (WASC) -  application to set aside subpoena refused - application for further and better particulars granted - corporation joined as defendant to counterclaim 
Summaries With Link (Five Minute Read)
City of Subiaco v Homebase Management Pty Ltd [2015] WASCA 54
Court of Appeal of Western Australia
Martin CJ; Newnes & Murphy JJA
Contract - lease - rent review clause -  appellant landowner granted lease to respondent lessee - lease provided for review of rental payable - rent payable be the highest of number of alternatives one of which was amount equal to ’Fair Market Rent’ - parties each engaged valuers to provide advice with respect to amount equal to Fair Market Rent - dispute arose as to proper construction and effect of the relevant provisions - primary judge made declarations with respect to principles applicable to determination of Fair Market Rent - appellant appealed - proper construction of ‘Fair Market Rent’ - whether it must be taken into account that notional lessee must construct premises on land to enable it to be put to use to which lessee put Leased Premises -   length of term of notional lease to be entered into at Review Date - commercial purpose - held: assessment of Fair Market Rent carried out on erroneous basis - primary judge’s decision set aside - appeal allowed.
Parker v BHP Billiton Iron Ore Pty Ltd [2015] WASC 95
Supreme Court of Western Australia
Edelman J
Discovery - pleadings - joinder - three applications - application to set aside subpoena to produce or restrict inspection of documents produced - application for further and better particulars of amended defence and counterclaim - application to join corporation as defendant to counterclaim - held: subpoena issued for legitimate forensic purpose and was not oppressive - application to set aside dismissed - defendants to replead paragraphs to provide required particulars - joinder of corporation would not have any substantial detrimental effect upon management and progress of proceeding - corporation joined.