Yangdo Pty Ltd v Equiti Group Pty Ltd

The plaintiff, Yangdo Pty Ltd, sought to recover unpaid rent and outgoings from the defendant, Equiti Group Pty Ltd, who was a sub-lessee. The case before the court involved whether the defendant owed money to the plaintiff for unpaid rent and outgoings, as well as whether the parties had entered into a new agreement for lease. The court was required to determine the applicable category under Masters v Cameron and assess the relevance of the parties' post-contractual conduct in this context.

The court found that the defendant did not owe the plaintiff any money for unpaid rent and outgoings. The parties had entered into a new agreement for lease, which meant that the original lease was effectively novated. The court held that the relevant category under Masters v Cameron was one where the parties intended to extinguish the original contract and replace it with a new one. The post-contractual conduct of the parties was consistent with this intention. The court also found that there was no evidence of any agreement between the parties that the defendant would be liable for the unpaid rent and outgoings under the original lease.

The court dismissed the plaintiff's Statement of Claim and ordered that judgment be entered in favour of the defendant. The plaintiff was ordered to pay the defendant's costs of the proceedings as agreed or assessed. The court granted leave to the parties to apply to vary the order regarding costs. Finally, the court ordered that the exhibits be returned after 28 days.