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