| 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.
City
|
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.
Parker
|
