Leasing, Options and Rights of First Refusal

Sydney has litigated and advised upon several complex leasing questions in his practice, including whether a binding lease has been entered into, who is liable for maintenance and repairs, whether the option to renew the lease has been validly exercised (and if not, whether an estoppel arises) and whether a right of first refusal in a lease has been triggered.

In one of Sydney’s early lease cases before the Supreme Court, G & E Avakoumides Pty Ltd v Commonwealth Funds Management, he took the point that there was no binding agreement for lease. In another matter, Randi Wicks, Sydney argued that while the tenant might have had an equity for rectification against the original landlord, this equity was not enforceable against the new landlord. Finally, in his more recent case of Well Garnished v Chaos, Sydney took the point that whatever the merits of the tenant’s claim may or may not have been, the cause of action was barred by reason of accord and satisfaction.