CBS Leasing Pty Ltd v Imseis [2020] NSWSC 1408

Supreme Court New South Wales

Medium Neutral Citation: CBS Leasing Pty Ltd v Imseis [2020] NSWSC 1408 Hearing dates: 21-22 September 2020 Date of orders: 13 October 2020 Decision date: 13 October 2020 Jurisdiction: Equity Before: Darke J Decision: Orders to be made in accordance with [100] of reasons. Catchwords: LAND LAW – leases – agreement for lease – breach – related company of plaintiff enters into contract for sale of premises with defendants – completion of contract for sale conditional upon entry into Agreement for Lease between defendants as landlord and plaintiff as tenant – Agreement to Lease entered into and sale completed – Agreement for Lease requires defendants to undertake Landlord's Works with practical completion to occur by defined date – whether date varied by agreement – handover of premises to plaintiff to occur to allow plaintiff to perform Tenant's Works– liquidated damages payable if Landlord's Works delayed beyond defined date – damages calculated on daily basis until handover occurs – held that handover occurred when plaintiff granted access to commence Tenant's Works and received set of keys – liquidated damages calculated accordingly CONSUMER LAW – misleading conduct under statute – misleading or deceptive conduct – representations – cross-claimants contend cross-defendant falsely represented that Construction Certificate for development had been approved – representation held to be misleading – cross-claimants did not adduce evidence that had cross-defendant's conduct not occurred they would have taken a different course and thereby avoided loss – cross-claimants' claim for damages under Australian Consumer Law fails Legislation Cited: Australian Consumer Law, ss 18, 30, 236 Civil Procedure Act 2005 (NSW), s 100 Cases Cited: Campbell v Backoffice Investments Pty Ltd (2009) 238 CLR 304; [2009] HCA 25 Ireland v WG Riverview Pty Ltd (2019) 101 NSWLR 658; [2019] NSWCA 307 Category: Principal judgment Parties: CBS Leasing Pty Ltd (Plaintiff) Ebrahim Imseis (First Defendant) Rima Imseis (Second Defendant) Representation: Counsel: Mr D S Weinberger (Plaintiff) Mr P Cutler (Defendants)