hca-12-2017-03-29.pdf - HIGH COURT OF AUSTRALIA 29 March...

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HIGH COURT OF AUSTRALIAPlease direct enquiries to Ben Wickham, Senior Executive Deputy RegistrarTelephone: (02) 6270 6893Fax: (02) 6270 6868Email: [email protected]Website: ECOSSE PROPERTY HOLDINGS PTY LTD v GEE DEE NOMINEES PTY LTD[2017] HCA 12Today the High Court, by majority, allowed an appeal from a decision of the Court of Appeal of theSupreme Court of Victoria.The High Court held that a clause in an unusual lease obliged the lesseeto pay all rates, taxes, assessments and outgoings in respect of the leased land, and not merely thoseimposts levied on the lessee in its capacity as tenant.The original lessor and lessee recorded their agreement in a standard form printed farm lease to whichthey made amendments.Due to planning restrictions affecting subdivision, the owner of the land thesubject of the lease could not sell it to the lessee.Clause 13 provided that:The parties acknowledge that it was the intention of the Lessor to sell and the Lessee to purchase the land and
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Term
Fall
Professor
Dr Naveed
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High Court

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