The NSW Supreme Court addressed this question in Yeshiva Synagogue Incorporated 9893834 v Karimbla Properties (No 10) Pty Ltd [2017] NSWSC 1368. Land owned by Karimbla was leased to the “Yeshiva Centre”, which consisted of the Yeshiva Synagogue, two colleges, and a charitable kitchen. To raise money, Karimbla sold the land to a purchaser subject to existing tenancies, and when the leases expired the new purchaser refused to renew them. Yeshiva Synagogue argued that a clause in the Deed of Agreement for the continued use and occupation of the land gave rise to an ongoing right of possession even after the termination of the lease.

Justice Darke determined that the object of the sale of land by Karimbla was to raise money to facilitate the continued operation of the Yeshiva Centre. Nonetheless, the language in the agreements did not indicate that the plaintiffs were to be given a right of possession following the termination of the leases. A reasonable business person would have read the terms as meaning that upon termination of the leases, the owner would have a right to sell the premises with vacant possession.

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