Agtan P/L (ACN 007 410 077) v Caltex Australia Petroleum P/L (ACN 000 032 128) [2018] VSCA 169

CONTRACT, APPEALS, WORDS AND PHRASES
Judgment type: 
Victorian Court of Appeal
Judge(s): 
Santamaria JA, McLeish JA, Hargrave JA
Parties: 

Agtan P/L (ACN 007 410 077) v Caltex Australia Petroleum P/L (ACN 000 032 128)

Judgment Date: 
10 July 2018
Catchwords: 

CONTRACT - Construction and interpretation - Lease of premises used as service station - Where lessee exercised two five-year options to renew - Where obligation in clause concerning maintenance and repair of premises subject to condition of premises 'as at the date of commencement of the Lease' - Whether 'date of commencement of the Lease' date of commencement of original lease or date of commencement of renewal period - Nature of lease obtained by exercise of option to renew.

CONTRACT - Construction and interpretation - Lease of premises used as service station - Where underground storage tank part of tank system - Where lessee decommissioned tank - Whether lessee under obligation to repair tank - Where clause concerns maintenance and repair of premises - Whether obligation to 'keep and maintain' premises distinct from obligation to 'effect repairs' to premises 'as necessary' - Whether obligation extends to tank system only or also to individual parts of tank system.

APPEALS - Where findings of fact challenged on appeal - Where certain findings based on inference - Whether inference more probable conclusion to be drawn from facts.

WORDS AND PHRASES - 'keep and maintain', 'effect repairs', 'as necessary', 'fair wear and tear', 'reasonable use'.

Citation: 
[2018] VSCA 169