At Judd J said that a “sufficient response” by the tenant to the notices would have been to undertake to recommence management of the plantations and perform its obligations under each lease and to agree to pay compensation for any damage to the reversion. In Primary RE the tenants had failed to comply with lease and forestry agreements. If the breach is capable of remedy, an adequate response may be to admit the breach and propose a course of remediation.
The purpose of a notice is to give the tenant an opportunity to consider its position and give a response: See: Primary RE Limited v Great Southern Property Holdings Limited VSC 242. There is a common misconception that receipt of a valid notice under s 146(1) of the Property Law Act 1958 requires the tenant to rectify the defaults alleged within the time specified.
