Trials and Tribulations of a Leasing Dispute
By William Calokerinos
This paper outlines salient issues relevant to the business community when embroiled in a commercial lease dispute. The paper highlights key issues, such as:
- What are the key issues in a leasing dispute?
- What issues arise within commercial leasing disputes?
- Detailed Case Study: What are pleadings? What are material facts? What is a statement of claim?
The aim of this paper is to give participants numerous “take away points” to assist in the development of a strong understanding of the relevant legal principles to the various commercial lease disputes that arise in practice.
Synopsis
- The application of legal principles to a commercial lease disputes requires an understanding of civil procedure law, the rules of equity and the rules of real property law and how all those laws interact.
- The author attempts to outline various strategies when attempting to enforce a commercial lease (as a lessor), modify or vary a lease and resist a commercial lease (as a lessee). Various cases are discussed to assist the application of the law.
- The law stated is the current law in the state New South of Wales.
For the full paper, please see the pdf download below –