Ray Mullins & Sons Pty Ltd v Skycorp Investments Pty Ltd

The case of Ray Mullins & Sons Pty Ltd v Skycorp Investments Pty Ltd involved a dispute between the plaintiff, Ray Mullins & Sons Pty Ltd, and the defendant, Skycorp Investments Pty Ltd, over the calculation of rent, variable outgoings, and a promotional fund based on the lettable areas of the premises occupied by the plaintiff and other tenants. The court had to determine the precise area of the premises occupied by the plaintiff, whether the defendant was obliged to designate certain areas as lettable, and whether there was a common mistake regarding the floor area forming the basis for the calculation of the promotional fund. The court found that the disputed areas should be excluded from the demised area, and that the defendant was not required to designate as lettable areas that were occupied by tenants on the basis of a licence arrangement. The court also concluded that there was no common mistake regarding the floor area forming the basis for the calculation of the promotional fund. The case was published on an interim basis, and the parties were left to bring in a minute of order which gave effect to the court's findings. If the reasons did not permit the final calculations to be performed, the parties could re-list the matter for further consideration.