C&C Investment Properties Pty Ltd v Yichen Sydney Pty Ltd [2021] NSWCATCD 69

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: C&C Investment Properties Pty Ltd v Yichen Sydney Pty Ltd [2021] NSWCATCD 69 Hearing dates: 7 June 2021 Date of orders: 11 June 2021 Decision date: 11 June 2021 Jurisdiction: Consumer and Commercial Division Before: G Blake AM SC, Senior Member Decision: (1) The respondents Yichen Sydney Pty Ltd, Yongmei Mao and Yang Chen (also known as Elaine Zheng) are to pay the applicant, C&C Investment Properties Pty Ltd, the sum of $100,423.99 immediately. Catchwords: LEASES AND TENANCIES — Retail leases — Whether the lessee is liable for arrears of rent and damages for breach of the term to make good the premises at the determination of the lease - Whether the guarantors are liable to the assignee of the reversion of the lease for arrears of rent and damages Legislation Cited: Civil and Administrative Tribunal Rules 2014 (NSW) Conveyancing Act 1919 (NSW) Property Law Act 1974 (Qld) Real Property Act 1900 (NSW) Retail Leases Act 1994 (NSW) Cases Cited: Accordent Pty Ltd & Portellos v Bresimark Nominees Pty Ltd (2008) SASR 286; [2008] SASC 196 Gumland Property Holdings Pty Ltd v Duffy Bros Fruit Market (Campbelltown) Pty Ltd [2008] HCA 10; (2008) 82 ALJR 576 P & A Swift Investments (a Firm) v Combined English Stores Group Plc [1989] AC 632 Simmons v Lee [1998] 2 Qd R 671 Texts Cited: Nil Category: Principal judgment Parties: C&C Investment Properties Pty Ltd (Applicant) Yichen Sydney Pty Ltd (First Respondent) Yongmei Mao (Second Respondent) Yang Chen (also known as Elaine Zheng) (Third Respondent) File Number(s): COM 21/03416 Publication restriction: Nil