Kegran Pty Ltd v Warrik Pty Ltd

Kegran Pty Ltd sought a declaration that it had validly exercised an option to renew a lease for premises in Mascot, NSW. Warrik Pty Ltd, the landlord, argued that the notice of exercise was invalidly served. The dispute was heard in the Supreme Court of New South Wales. The court needed to determine whether the notice of exercise of the option to renew was validly served and if the service complied with the requirements of the lease agreement. The court considered whether the notice, sent via email, was sufficiently served as per the lease terms and whether the presumption in section 161 of the Evidence Act 1995 (NSW) applied.

The court found that the notice was validly served because it was sent to the person with authority over the premises, as per the lease agreement. The court held that the presumption in section 161 of the Evidence Act 1995 (NSW) applied, meaning the email communication was presumed to have been received at the destination indicated. The court also noted that the clause in the lease regarding modes of service was facultative, not mandatory, and thus, the email service was sufficient. The court concluded that the notice was served in accordance with the lease requirements and held that the option to renew was validly exercised.

The court ordered that Kegran Pty Ltd had validly exercised the option to renew the lease for the premises in Mascot, NSW. The court also ordered Warrik Pty Ltd to execute a renewal lease in accordance with the terms of the original lease, including the option to renew. The court further ordered that the lease be extended for the term specified in the option to renew, and that the terms and conditions of the original lease apply to the renewed lease.