Fry v Ajinvan Pty Ltd M102/2001

The High Court of Australia heard an appeal in *Fry v Ajinvan Pty Ltd*. The dispute concerned the interpretation of a clause within a commercial lease agreement, specifically regarding the calculation of rent increases. The appellant, Mr. Fry, was the tenant, and the respondent, Ajinvan Pty Ltd, was the landlord.

The central legal issue before the Court was whether the rent review clause in the lease required the landlord to provide a written notice of the revised rent to the tenant, and if so, what the consequences were of failing to provide such notice. The Court also considered whether the tenant was estopped from disputing the rent increase due to their conduct.

The Court held that the plain language of the lease agreement mandated that the landlord provide written notice of the revised rent to the tenant. As this notice had not been provided, the rent increase was not effective. The Court rejected the landlord's argument that the tenant's conduct in paying the increased rent for a period estopped them from challenging the validity of the increase, finding that the tenant had not unequivocally accepted the revised rent in circumstances where they were unaware of their legal rights.

The appeal was allowed, and the orders of the lower court were set aside.