District Court

Arglen Pty Ltd v Jacarta Pty Ltd [2015] QDC 162 (2014/31) Dearden DCJ 24 June 2015

Full-text: QDC15-162.pdf


LANDLORD AND TENANT – LEASES AND TENANCY AGREEMENT – CONSTRUCTION AND INTERPRETATION – where the plaintiff exercised its option under a retail shop lease to extend the lease term – where the plaintiff and defendant are in dispute as to the rent applicable to the premises for the extended term – where the lease provides a mechanism for rent review – where the defendant’s letter to the plaintiff did not constitute a valid notice pursuant to clause 3.3 of the lease – where the parties remain in dispute as to the quantum of rent payable – where the Retail Shop Leases Act 1994 sets out a regime for parties who cannot agree – whether to make order for declaration that the plaintiff is entitled to negotiate the rent for the renewed term of the lease