Mayo v W & K Holdings (NSW) Pty Ltd (in liq) (No 2)

The appeal in *Mayo v W & K Holdings (NSW) Pty Ltd (in liq) (No 2)* concerned lease agreements for equipment between the appellant lessor and the respondent lessee. The primary dispute revolved around whether the lease agreements should be rectified to reflect the parties' alleged common intention regarding the calculation of interest, the correct charging of Goods and Services Tax (GST), and the payment of bank fees. The matter was heard in the Court of Appeal of New South Wales.

The court was required to determine whether there was sufficient evidence to establish the parties' actual common intention for the purpose of ordering rectification of the lease agreements. Specifically, the issues included whether the parties intended interest to be charged on a flat or reducible basis, whether the leases were intended to achieve the correct charging of GST, and whether the parties intended for bank fees to be payable under the agreements.

The Court of Appeal allowed the appeal in part, varying the primary judge's orders. The court found that the parties did intend for bank fees to be payable, albeit at a nominal amount of $10.00 per instance, and adjusted the "Amount Payable" figures in the primary orders accordingly. However, the court otherwise dismissed the appeal, indicating that the evidence did not support rectification for the intended basis of interest calculation or the precise GST treatment as argued by the appellant. The court also directed the parties to attempt to agree on the amount owing for bank fees, with further directions for submissions if agreement could not be reached. The appellant was ordered to pay the second respondent's costs of the appeal.