Equuscorp Pty Ltd v Belperio

Equuscorp Pty Ltd sought a declaration that the land leased to Belperio was not the land described in the lease agreement. The dispute was heard in the Supreme Court of New South Wales. The primary issue was whether the description of the land in the lease agreements was uncertain and if the diagram attached to the lease identified the land's boundaries with sufficient certainty. Another legal issue was whether extrinsic materials could be admitted to determine the land's identification. Additionally, the court had to determine if the successive leases executed at the same time constituted one deal, thus breaching the statutory prohibition of leases exceeding five years.

The court found that the diagram attached to the lease agreement was not sufficiently precise to identify the land's boundaries. The court held that extrinsic materials could be considered to identify the land's location. The court also concluded that the successive leases did not constitute one deal, and therefore did not breach the statutory prohibition. Finally, the court found that the estoppel by convention raised by the plaintiff could not stand in the face of the applicable statute.

The court declared that the land leased to Belperio was not the land described in the lease agreement. The court also ordered that the leases were valid and enforceable, and that the plaintiff's estoppel by convention could not be relied upon.