Progressive Mailing House Pty Ltd v Tabali Pty Ltd

57 ALR 609

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(Judgment by: Dawson J)

Between: Progressive Mailing House Pty Ltd
And: Tabali Pty Ltd

Court:

Judges: Mason J
Wilson J
Brennan J
Deane J

Dawson J

Subject References:
LANDLORD AND TENANT
LEASE
Memorandum of
Breach of covenant to pay rent
Whether repudiation
Re-entry
Other rights of termination
Lessor's loss of benefit of covenants
Damages for loss
Applicability of ordinary principles of contract law
REAL PROPERTY
Torrens system
Unregistered memorandum of lease
Rights of parties thereunder
DAMAGES
Lessor's re-entry on repudiation
Loss of benefit of covenants
Whether damages recoverable
CONTRACTS
Breach
Fundamental
Leases
Applicability to

Case References:
Shevill v Builders Licensing Board - (1982) 149 CLR 620; 42 CLR 305
National Carriers Ltd v Panalpina (Northern) Ltd - [1981] AC 675

Hearing date: 24 February 1984
Judgment date: 12 March 1985

Canberra

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Judgment by:
Dawson J

I agree with the reasons for judgment of Mason J and with the additional observations made by Wilson and Deane JJ. There is nothing which I wish to add.

Order

Appeal dismissed with costs.