Elesanar Constructions Pty Ltd v State of Qld [No 2]
[2007] QCA 264
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Elesanar Constructions Pty Ltd v State of Qld [No 2] [2007] QCA 264
JUDGE(S):
McMurdo P, Holmes JA, Fryberg J
DELIVERED ON:
17 August 2007
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Editorial Notes
Published Case Name:
Elesanar Constructions P/L v State of Qld [No 2]
Shortened Case Name:
Elesanar Constructions Pty Ltd v State of Qld [No 2]
MNC:
[2007] QCA 264
Court:
QCA
Judge(s):
McMurdo P, Holmes JA, Fryberg J
Date:
17 Aug 2007
Litigation History
Event
Citation or File
Date
Notes
Primary Judgment
SC895/06 (No Citation)
21 Dec 2006
State application pursuant to r 483 UCPR for determination of question regarding whether a clause of a registered lease grant a right to renew for only one further term or more than one term; declared that the option was one for renewal for a further term of one year only: Muir J.
Appeal Determined (QCA)
[2007] QCA 208 [2007] Q ConvR 54-670
22 Jun 2007
Appeal allowed; the primary judge erred in placing emphasis on the principle of construction (that courts will not construe an option clause as capable of creating a lease in perpetuity unless the words used make it clear that was the parties' intention) to determine that the objective intention of the parties under the tenancy agreement was, consistent with a sensible commercial construction of agreements, that it granted a right to renew the tenancy only for one further term of one year: McMur
Appeal Determined (QCA)
[2007] QCA 264
17 Aug 2007
Cost orders and reasons following appeal reasons given in [2007] QCA 208; applicant pay costs of the application up to and including 21 December 2006; respondent pay appellant's costs of the appeal: McMurdo P, Holmes JA and Fryberg J.
Appeal Status
Appeal Determined (QCA)
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