Read the full judgment text of HCA 001116/1999 on BabelCite. This High Court CFI judgment was delivered on 15 June 1999.
1. The relationship of landlord and tenant is quite simply contractual. Privity of contract exists between them, and each is therefore liable to the other on all the covenants of the lease, irrespective of whether those covenants "touch and concern" the land. Because they both hold an interest in the same property there is also privity of estate between them.