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

  1. 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.
  2. 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.
  3.  The law stated is the current law in the state New South of Wales.

For the full paper, please see the pdf download below –

Trials and Tribulations of a Leasing Dispute