Ampolex Ltd v Perpetual Trustee Company (Canberra) Ltd

Ampolex Ltd and Perpetual Trustee Company (Canberra) Ltd were parties to litigation before the New South Wales Court of Appeal concerning a dispute over a lease agreement.

The central legal issues before the Court of Appeal were whether Ampolex Ltd had validly exercised its option to renew the lease, and if not, whether Perpetual Trustee Company (Canberra) Ltd was estopped from denying the validity of the purported exercise of the option.

The Court of Appeal considered the terms of the lease agreement, particularly the conditions precedent to the exercise of the option to renew. It examined the conduct of the parties in relation to these conditions and applied principles of contract law and estoppel. The Court found that Ampolex Ltd had failed to comply with a crucial condition precedent for the exercise of the option, and therefore, the purported exercise was ineffective. Consequently, the Court held that Perpetual Trustee Company (Canberra) Ltd was not estopped from denying the validity of the option's exercise.

The Court of Appeal dismissed Ampolex Ltd's appeal and affirmed the decision of the primary judge.