Pipeclay Lawson Ltd v Brand Ventures Pty Ltd [2021] NSWSC 909

Supreme Court New South Wales

Medium Neutral Citation: Pipeclay Lawson Ltd v Brand Ventures Pty Ltd [2021] NSWSC 909 Hearing dates: 17 to 19 May 2021 Date of orders: 27 July 2021 Decision date: 27 July 2021 Jurisdiction: Common Law Before: White J Decision: Order that: (a) within 7 days the plaintiff serve on the defendant its proposed short minutes of order in accordance with these reasons; (b) within 7 days thereafter the defendant serve on the plaintiff any amendments proposed by the defendant to those short minutes; (c) if the parties agree on the orders to be made in accordance with these reasons short minutes of those orders are to be provided to my associate forthwith; (d) if the parties do not agree, both parties are to provide to my associate within a further 7 days short minutes of the orders for which they contend and submissions of no more than 5 pages in support of their contention. Catchwords: LEASES AND TENANCIES — Rent and outgoings — Failure to pay — Where sublessee agreed to indemnify head lessor in respect of outgoings — Where head lessor says sublessee's failure to pay rent caused sublessor to breach head lease LEASES AND TENANCIES — Mesne profits — Where occupation continues after termination of lease pursuant to licence — Where sublessee says it would have been entitled to an order under s 130 of the Conveyancing Act 1919 (NSW) staying any proceeding by the plaintiff to enforce a right of re-entry — Whether entitlement to such an order affects calculation of award LEASES AND TENANCIES — Repairs, maintenance and alterations — Obligation to repair and maintain — "Good repair" — Whether premises "reasonably fit for the occupation of a reasonably-minded tenant of the class who would be likely to take it" Legislation Cited: Conveyancing Act 1919 (NSW) Corporations Act 2001 (Cth) Cases Cited: Abrahams v Shaw (1969) 72 SR (NSW) 225 Alcatel Australia Ltd v Scarcella (1997) 8 BPR 15, 695 Alcatel Australia Ltd v Scarcella (1998) 44 NSWLR 349 Anstruther-Gough-Calthorpe v McOscar [1924] 1 KB 716 Bonafair Holdings Pty Ltd v Hungry Jacks Pty Ltd [2016] NSWCA 276 Dixon v Deveridge (1825) 2 C & P 109 Eyre v McCracken (2000) 80 P & CR 220 Graham v Markets Hotel Pty Ltd (1943) 67 CLR 567 Holding and Management Ltd v Property Holding and Investment Trust Plc [1990] 1 EGLR 65 Lamru v Kation Pty Ltd (1998) 44 NSWLR 432 Lee v Leeds City Council [2002] 1 WLR 1488 Lurcott v Wakely & Wheeler [1911] KB 905 Payne v Haine (1847) 16 M&W 541 Proudfoot v Hart (1890) 25 QBD 42 Sydney Local Health District v Macquarie International Health Clinic Pty Ltd [2020] NSWCA 274 Twyman v Knowles (1853) 13 CB 222 Welsh v Greenwich London Borough Council [2000] 49 EG 118 (CA), noted [2001] Conv 184 Texts Cited: McGregor on Damages, 21st ed, 2021 (James Edelman) Sweet and Maxwell Category: Principal judgment Parties: Pipeclay Lawson Limited (Plaintiff) Brand Ventures Pty Ltd (Defendant) Representation: Counsel: S White SC with T Epstein (Plaintiff) H Altan (Defendant)