Axicom Pty Ltd v Bonney

Axicom Pty Ltd brought an application against Jodie Marie Bonney for specific performance of a lease entered into with Ms Bonney for the construction and operation of a telecommunications tower on her property. Ms Bonney refused to permit Axicom access to her property and to grant an easement over part of the property for the installation of underground electrical cabling. The matter was heard in the Supreme Court of Queensland. The court was required to determine whether Axicom was estopped from enforcing the terms of the lease or was entitled to relief for misleading and deceptive conduct due to representations made by Axicom. The court also needed to decide if Axicom should be refused relief because it did not hold all environmental approvals required for the construction of the communications tower and the installation of the underground electrical cabling.

The court found that the proposed route for the underground cabling along the driveway area of Ms Bonney’s property was the only means of installing an electrical connection to the premises, and the easement was necessary to enable the premises to be connected to an electricity supply. The court rejected Ms Bonney’s arguments concerning the application of clauses 5.3(b) and 9(b) of the lease, holding that she was obliged to grant access to the premises and deliver signed copies of the easement and consent to survey plan. The court concluded that Ms Bonney’s refusal to permit access and deliver the documents constituted a breach of her obligations under the lease. The court found that the equitable remedy of specific performance was available as damages alone may be inadequate. The court also dismissed Ms Bonney’s estoppel and misleading and deceptive conduct claims based on the representations made by Axicom.

The court ordered that Axicom be granted specific performance of the lease, subject to Ms Bonney delivering signed copies of the easement and consent to survey plan. The court further ordered that Axicom and Ms Bonney attend to discuss costs.