Musumeci & ANOR v Winadell

MUSUMECI AND ANOR V WINADELL PTY LTD (1994) 1084 93

Supreme Court of New South Wales – 4 August 1994

FACTS

The Plaintiffs were tenants of a shop leased from the landlord Defendant. The Plaintiffs claimed that the terms of the lease were varied so as to provide for a reduction of rent for the premises.

ISSUES

1. Was there an agreement between the parties for rent to be reduced by one third?
2. Was the agreement between the parties for the reduction of rent supported by consideration from the Plaintiffs?

FINDING