Qantas Airways Limited v Dillingham Corporation

Case [1988] NSWCA 122

Court of Appeal


Supreme Court


New South Wales

Medium Neutral Citation: QANTAS AIRWAYS LIMITED v DILLINGHAM CORPORATION [1988] NSWCA 122
Decision date: 25 August 1988

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AGLC
Qantas Airways Limited v Dillingham Corporation [1988] NSWCA 122
Case
[1988] NSWCA 122
Decision Date

CaseChat Overview and Summary

In *Qantas Airways Limited v Dillingham Corporation*, the New South Wales Court of Appeal considered a dispute between Qantas Airways Limited and Dillingham Corporation concerning the interpretation of a lease agreement. The core of the disagreement revolved around the calculation of rent increases under the lease.

The Court of Appeal was required to determine whether the rent review provisions in the lease were void for uncertainty. Specifically, the court had to ascertain if the mechanism for adjusting the rent was sufficiently defined to be enforceable, or if it was so vague that it could not be given legal effect.

The Court of Appeal held that the rent review clause was not void for uncertainty. Applying established principles of contract law, the court found that the parties had provided a sufficiently clear mechanism for determining future rent. The court reasoned that the language used in the lease, when read in its entirety and in the context of commercial practice, allowed for a certain and ascertainable rent to be determined at the relevant review periods. The court affirmed the primary judge's decision.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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