Interslice Pty Ltd v CCA Investments - Bass Hill Pty Ltd

The Court of Appeal of New South Wales considered an appeal by Interslice Pty Ltd (the plaintiff) against CCA Investments - Bass Hill Pty Ltd (the defendant). The dispute concerned the alleged repudiation of a lease agreement by the defendant and the lawfulness of the plaintiff's termination of that agreement. The plaintiff also sought damages for loss of opportunity arising from the alleged breach.

The primary legal issues before the Court of Appeal were whether the defendant's failure to issue a lease in registrable form constituted a repudiation of the contract, and if so, whether the plaintiff was ready, willing, and able to perform its obligations under a new lease. The Court was also required to determine whether the commercial opportunity denied to the plaintiff by the alleged repudiation had any ascertainable value for the purpose of awarding damages.

The Court of Appeal found that the defendant's failure to provide a lease in registrable form did amount to a repudiation of the contract. However, it determined that the plaintiff had not established that it was ready, willing, and able to enter into the new lease, nor had it proven that the denied commercial opportunity had any value beyond nominal damages. Consequently, the appeal was allowed in part, the primary judge's declarations and orders were set aside, and the lease was declared validly terminated by the plaintiff. Judgment was entered for the plaintiff for $10, with specific orders regarding the costs of the proceedings at first instance and in the Court of Appeal.