Gazcorp Pty Ltd v Woolworths Group Ltd

Gazcorp Pty Ltd, a property developer, brought an action against Woolworths Group Ltd, a tenant, for breach of an agreement for lease. The agreement stipulated that Gazcorp would construct a shopping centre and lease part of it to Woolworths. The agreement was made in 2008, but development was delayed, and the development consent expired in 2014. Woolworths argued that the agreement was frustrated due to the development consent lapsing, and that the parties had mutually agreed to abandon the agreement. Gazcorp contended that Woolworths was in breach of the agreement by not calling upon Gazcorp to perform. The court had to determine whether the agreement was frustrated or if Woolworths was in breach of the agreement.
The court held that the agreement was varied to include a department store, which was subsequently frustrated when the development consent lapsed. The court found that the agreement had been frustrated due to the development consent lapsing, and the parties had mutually agreed to abandon the agreement. The court held that the agreement was frustrated when the development consent lapsed, and there was no evidence of any breach of contract by Woolworths. The court found that the agreement was frustrated and that Woolworths was not in breach of the agreement.
The court held that the agreement was frustrated and dismissed the appeal against the refusal of the development application for the revised shopping centre. The court held that the agreement as varied was frustrated, and there was no evidence of any breach of contract by Woolworths. The court found that the parties had mutually agreed to abandon the agreement by about the beginning of 2014, and the agreement was frustrated due to the development consent lapsing. The court dismissed Gazcorp’s claim for breach of contract against Woolworths.