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Conditional upon the granting of the licence

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Reference no: EM132180737

Moses leased a waterfront restaurant to Genevieve, a TV chef, who was proposing to operate an upmarket seafood restaurant. Both parties believed that the NSW government would grant a licence to Genevieve for the use of the jetty and pontoon at the front of the premises. The previous operators of the restaurant had a licence for the jetty and pontoon and received considerable trade from people arriving by water taxi from 5 star hotels located nearby. The lease was silent on the issue of the jetty and pontoon licence.

The lease was not expressed to be conditional upon the granting of the jetty and pontoon licence to Genevieve. The state government rejected Genevieve's application for a licence for the jetty and pontoon on environmental grounds due to the proposed number of visitors. Genevieve seeks your advice. She says surely it was implied that the lease was conditional upon the granting of the licence. Without boat access her patronage will be much reduced.

Reference no: EM132180737

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