Secure Parking (WA) Pty Ltd v Wilson

Secure Parking (WA) Pty Ltd (the plaintiff) commenced proceedings against Alfred Karl Wilson (the first defendant) and Nullagine Investments Pty Ltd (the second defendant) seeking an order that the second defendant consent to an assignment of the lease of the Esplanade car park from the first defendant to the plaintiff. The plaintiff further sought a declaration that the assignment had been completed, an order for specific performance of the lease, and an injunction restraining the first and second defendants from taking any action inconsistent with the assignment. The plaintiff also sought damages. The court found that the second defendant did not consent to the assignment of the lease to the plaintiff and the first defendant did not assign the lease to the plaintiff. The court rejected the plaintiff's alternative arguments based on estoppel, implied consent, prevented fulfilment equal to performance, collateral agreement and unreasonable withholding of consent. The plaintiff's action was dismissed.