Jennifer Mee

NSW Court of Appeal on COVID-19 public health orders and frustration of leases

Jennifer Mee appeared for the respondent landlords in the NSW Court of Appeal in successfully defending an appeal brought by the guarantors of a tenant claiming that the lease had been frustrated due to the COVID-19 public health orders.

The Court clarified the operation of the doctrine of frustration, both generally and as it may apply to leases.  Among other things, express clauses regarding allocation of risk, such as a statement that the use and occupation is at the tenant’s own risk, may preclude a finding of frustration.  Clauses requiring operation during specified hours are not generally to be construed as requiring operations contrary to law.

Reasons for the judgment can be found here.

FULL FEDERAL COURT ON BANKRUPTCY NOTICES

The Full Federal Court of Australia yesterday allowed an appeal brought by a judgment creditor against a decision that a bankruptcy notice be set aside.  The decision is significant in terms of the requirements for a complying bankruptcy notice, and what constitutes a formal defect or irregularity, particularly in the context of judgment debts involving the conversion of foreign currency.  In their decision, the Full Federal Court accepted the appellant’s submissions that it should depart from previous Federal Court authority.

Jennifer Mee appeared for the successful appellant.

Please click here to read the full judgment.

Jennifer Mee on Best Lawyers list for 2019

Best Lawyers has recognised Jennifer Mee of 6 St James Hall Chambers in their 2019 list for her well-established work in energy law.

"I am honoured to have again been selected for inclusion in Best Lawyers in Australia, Energy Law, for 2019. Thank you to everyone who supported me for this."

Jennifer has been practising as a lawyer for over 20 years, over 15 of which have been as a Partner at national and global law firms. She is now practising as a barrister at 6 St James Hall Chambers in a wide range of practice areas.