City Gym Sydney Pty Ltd v Saipan Holdings Pty Ltd [2022] NSWSC 699

Supreme Court New South Wales

Medium Neutral Citation: City Gym Sydney Pty Ltd v Saipan Holdings Pty Ltd [2022] NSWSC 699 Hearing dates: 16-19 May 2022 Date of orders: 30 May 2022 Decision date: 30 May 2022 Jurisdiction: Equity Before: Darke J Decision: Orders made as set out at [109]. Catchwords: LAND LAW – leases – obligation to make good – where roof of demised premises in state of disrepair and prone to leaking – where roof damaged by hailstorm – where lessor obliged to make good, including by rectifying roof pursuant to an insurance claim to be made by lessor - where lessee claims obligation to make good requires complete replacement of roof – where lessor claims obligation to make good may be discharged by works of lesser scope – held that obligation to make good requires complete replacement of roof – damages not an adequate remedy – held that declarations and orders should be made compelling replacement of roof Legislation Cited: Conveyancing (General) Regulation 2018 (NSW), sch 5 Cases Cited: 711 Hogben Pty Ltd v Tadros [2018] NSWSC 628 Agricultural & Rural Finance Pty Ltd v Gardiner (2008) 238 CLR 570; [2008] HCA 57 Australian Broadcasting Commission v Australasian Performing Right Association Ltd (1973) 129 CLR 99 Codelfa Construction Pty Ltd v State Rail Authority of New South Wales (1982) 149 CLR 337 Ecosse Property Holdings Pty Ltd v Gee Dee Nominees Pty Ltd (2017) 261 CLR 544; [2017] HCA 12 Electricity Generation Corporation v Woodside Energy Ltd (2014) 251 CLR 640; [2014] HCA 7 Fitzgerald v Masters (1956) 95 CLR 420 Mount Bruce Mining Pty Ltd v Wright Prospecting Pty Ltd (2015) 256 CLR 104; [2015] HCA 37 Category: Principal judgment Parties: City Gym Sydney Pty Ltd (Plaintiff) Saipan Holdings Pty Ltd (First Defendant) City Gym (Aust) Pty Ltd (Second Defendant) Representation: Counsel: Mr E B Cowpe (Plaintiff) Mr P A Horobin (Defendants)