Evans & Ors v Measy

The High Court of Australia considered the dispute between the appellants, Evans and others, and the respondent, Measy, concerning the validity of a notice of termination of a lease. The central issue revolved around whether the notice, which purported to terminate the lease due to a breach of covenant, was effective despite containing a minor inaccuracy.

The court was required to determine whether the notice of termination was valid and effective at law. Specifically, the court had to consider the legal effect of an error in the notice, which specified an incorrect date for the commencement of the alleged breach. The question was whether this inaccuracy rendered the notice fundamentally flawed and therefore invalid, or if it was a curable defect that did not vitiate the notice's effectiveness.

The High Court held that the notice was invalid. Brennan CJ, Dawson and Gummow JJ reasoned that a notice of termination for breach of covenant must be precise and unambiguous. They applied the principle that where a notice specifies a date for the commencement of a breach, and that date is demonstrably incorrect, the notice fails to provide the tenant with adequate information to remedy the breach. This lack of certainty and precision meant the notice did not comply with the requirements of the lease and the relevant legislation, rendering it ineffective.

Consequently, the High Court dismissed the appeal, upholding the decision that the notice of termination was invalid and the lease remained on foot.