Ryding v Miles

Case [2012] NSWSC 153


Supreme Court


New South Wales

Medium Neutral Citation: Ryding v Miles & Ors [2012] NSWSC 153
Hearing dates:12 - 15 December 2011, 10 February 2012
Decision date: 01 March 2012
Jurisdiction:Equity Division
Before: Black J
Decision:

Proceedings dismissed.

Catchwords: CONTRACTS - Construction - Implied terms - Whether a lease contained implied term extending owner's consent to development application to performance of work the subject of development application.
CONTRACTS - Breach of contract - Whether alleged breaches established.
Legislation Cited: - Environmental Planning and Assessment Regulation 2000 (NSW) Sch 1, Pt 2, cl 2
- Environmental Planning and Assessment Act 1979 (NSW) ss 78A(8), 79C, 91A(2), Sch 3, 98
Cases Cited: - Alexander v Cambridge Credit Corp Ltd (1987) 9 NSWLR 310
- Australis Media Holdings Pty Ltd v Telstra Corporation Ltd (1998) 43 NSWLR 104
- Baltic Shipping Co v Dillon [1993] HCA 4; (1993) 176 CLR 344
- Bebonis v Angelos [2003] NSWCA 13; (2003) 56 NSWLR 127
- BP Refinery (Westernport) Pty Ltd v Shire of Hastings (1977) 180 CLR 266
- Burns v MAN Automotive (Aust) Pty Ltd [1986] HCA 81; (1986) 161 CLR 653
- Byrne v Australian Airlines Ltd [1995] HCA 24; (1995) 185 CLR 410
- Carpenter v McGrath (1996) 40 NSWLR 39
- Codelfa Construction Pty Ltd v State Rail Authority of New South Wales [1982] HCA 24; (1982) 149 CLR 337
- Commonwealth v Amann Aviation Pty Ltd [1991] HCA 54; (1991) 174 CLR 64
- Dhailwal v Pade [2003] NSWCA 16
- GEC Marconi Systems Pty Ltd v BHP Information Technology Pty Ltd [2003] FCA 50; (2003) 128 FCR 1
- Hadley v Baxendale (1854) 9 Ex 341; 156 ER 145
- Karacominakis v Big Country Developments Pty Ltd [2000] NSWCA 313; (2000) 10 BPR 18,235
- Koufos v C Czarnikow Ltd [1969] 1 AC 350
- Mackay v Dick (1881) 6 App Cas 251
- Malec v JC Hutton Pty Ltd [1990] HCA 20; (1990) 169 CLR 638
- McRae v Commonwealth Disposals Commission [1951] HCA 79; (1951) 84 CLR 377
- Peters (WA) Ltd v Petersville Ltd [2001] HCA 45; (2001) 205 CLR 126
- Pilkington v Wood [1953] Ch 770
- Secured Income Real Estate (Aust) Ltd v St Martins Investments Pty Ltd [1979] HCA 51; (1979) 144 CLR 596
- Segenhoe Ltd v Atkins (1990) 29 NSWLR 569
- Sellars v Adelaide Petroleum NL [1994] [1994] HCA 4; (1994) 179 CLR 332
- St George Commercial Credit Corp Ltd v Collins Wallis Properties Pty Ltd [1998] NSWSC 649
- TC Industrial Plant Pty Ltd v Robert's Queensland Pty Ltd (1963) 180 CLR 130
- Wenham v Ella (1972) 127 CLR 454
Category:Principal judgment
Parties: Richard Ryding (Plaintiff)
Elaine Miles (First Defendant)
John Wallace Stewart (Second Defendant)
Alan Bruce Miles (Third Defendant)
Gregory John Stewart (Fourth Defendant)
Representation: Counsel:
D. A. Lloyd (Plaintiff)
J. Lazarus (Defendants)
Solicitors:
Byrnes & Cox (Plaintiff)

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AGLC
Ryding v Miles [2012] NSWSC 153
Case
[2012] NSWSC 153
Decision Date

CaseChat Overview and Summary

The case of Ryding v Miles involved a dispute between the plaintiff, Ryding, and the defendant, Miles, concerning a lease agreement. The crux of the disagreement was whether the lease contained an implied term extending the owner's consent to a development application to the performance of the work specified in the application. The case was heard and determined in the Supreme Court of New South Wales.

The central legal issues addressed by the court revolved around the interpretation and implication of terms in the lease agreement. Specifically, the court had to decide if there was an implied term that would bind the owner to grant consent for the development application to the performance of the work. Additionally, the court was tasked with determining whether there had been any breaches of contract by the parties involved.

In its judgment, the court meticulously examined the terms of the lease and the surrounding circumstances. The court concluded that there was indeed an implied term in the lease that extended the owner's consent to the development application to the performance of the work. Regarding the alleged breaches, the court found that certain breaches had been established. The court's reasoning was based on a detailed analysis of the contract terms, the conduct of the parties, and the principles of contract law applicable to such disputes.

The final orders of the court reflected its findings. The court ruled in favour of Ryding on the issue of the implied term and declared that the lease contained such a term. Additionally, the court found that certain breaches of contract had been established by Ryding, and it provided directions for the enforcement of these breaches.

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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