landlord appeal

Tisher Liner FC Law has won a brilliant new billboard, owing to achieving recent success for our client in the County Court and Court of Appeal. In what amounted to a unique set of facts, our client, a billboard advertising operator, was refused a lease to erect the billboard by the defendant notwithstanding the parties had previously signed a written heads of agreement. As a result of the proceeding, the Court ordered the defendant to sign the lease.

Our client was highly appreciative of the work our Principal, Rob Oxley did and granted Tisher Liner FC Law a 3-month license to use the billboard. The firm promptly engaged creative genius Adrian Elton, of Adrian Elton Creative, to create a quirky advertising concept for the firm. The billboard is now on display at the corner of Chapel Street and Dandenong Road.

The landlord denied the agreement was a binding agreement for lease, primarily arguing that the agreement failed to identify with sufficient certainty the property being leased.

The Judge in the County Court agreed with our client and also considered that the original agreement is enforceable, and the lease was not contingent on the signing of another formal lease agreement.

The landlord appealed the decision, and the Supreme Court, on appeal, stated that the precise measurements of the space to be leased are not required, and that the details of the space in the original lease agreement are adequate. Therefore, there was sufficient certainty in the description of the property to be leased and the appeal was dismissed.

Contact Rob Oxley or our litigation team for advice regarding a leasing dispute.

For creative and quirky advertisement concepts, contact Adrian Elton.