Focus: TX Australia Pty Limited v Broadcast
Australia Pty Limited (2012) NSWSC 4
Services:
Property & Projects Industry
Focus:
Property
Your lease provides for a market review of the rent. You go
through the process with valuers and an umpire. The resulting
determination is, in your (very reasonable) view, unexpected,
uncommercial and unfair. Will you be successful in having a Court
overturn the rental determination? In most cases, no.
The decision of Justice Brereton in TX Australia Pty Limited
v Broadcast Australia Pty Limited (2012) NSWSC 4 on 16 January
2012 illustrates the difficulties in having an expert determination
set aside. In that case, the plaintiff sought a declaration that an
expert determination as to the fees payable under agreements
relating to broadcasting transmission towers and associated
facilities was not final and binding on the parties for a number of
reasons including that:
