Darzi Group Pty Ltd v Nolde Pty Ltd [2019] NSWSC
335
The parties entered into negotiations for a retail lease based
on terms of a lease executed by the Tenant and submitted to the
solicitors of the Landlord with respect to a restaurant premises
located in Dorsal Hotel Forster owned by the Landlord ("15
June 2016 Lease"). The Tenant had been in occupation and
operating out of the restaurant premises since late 2014 following
the parties executing a heads of agreement.
The Tenant sought a declaration that the 15 June 2016 Lease was
a binding lease. The Landlord sought a declaration that the Tenant
was on a month-to-month lease.
The key issue is whether the parties reached a binding agreement
for the lease of the restaurant premises on the terms of the 15
June 2016 Lease.
