Ecosse Property Holdings Pty Ltd v Gee Dee Nominees Pty Ltd

HIGH COURT OF AUSTRALIAKIEFEL, BELL, GAGELER, NETTLE AND GORDON JJECOSSE PROPERTY HOLDINGS PTY LTD  APPELLANTANDGEE DEE NOMINEES PTY LTD  RESPONDENTEcosse Property Holdings Pty Ltd v Gee Dee Nominees Pty Ltd[2017] HCA 1229 March 2017M143/2016ORDER1.Appeal allowed with costs.2.Set aside orders 2 to 5 of the Court of Appeal of the Supreme Court of Victoria made on 4 March 2016 and in their place order that the appeal to that Court be dismissed with costs.On appeal from the Supreme Court of VictoriaRepresentationM J Colbran QC with G D Bloch for the appellant (instructed by Goldhirsch & Shnider)N C Hutley SC with A Hanak for the respondent (instructed by SBA Law)Notice:  This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.CATCHWORDSEcosse Property Holdings Pty Ltd v Gee Dee Nominees Pty LtdContract – Construction and interpretation of contracts – Long-term lease – Standard form contract – Where parties entered lease because unable to effect sale and purchase of land due to planning restrictions – Where standard form lease amended by parties – Where clause pertaining to payment of rates, taxes, assessments and other outgoings ambiguous – Whether parties intended lease to resemble sale and purchase of land – Whether lessee liable to pay all rates, taxes, assessments and other outgoings or only liable to pay those payable in lessee's capacity as tenant.Words and phrases – "commercial purpose and objects", "commercial sense", "deletions from standard form contract", "in respect of the said premises", "payable...