Pittwater Marinas Pty Ltd v Blue Pearl (NSW) Pty Ltd & Ors [2022] NSWDC 289

District Court New South Wales

Medium Neutral Citation: Pittwater Marinas Pty Ltd v Blue Pearl (NSW) Pty Ltd & Ors [2022] NSWDC 289 Hearing dates: 6 and 7 July 2022 Date of orders: 26 July 2022 Decision date: 26 July 2022 Jurisdiction: Civil Before: Russell SC DCJ Decision: (1) Judgment for the plaintiff against the first, second and third defendants for $4,864.30. (2) Reserve the costs of the proceedings for later determination. (3) Grant liberty to the parties to approach my Associate to obtain a date for a further hearing in relation to costs. Catchwords: CONTRACTS – construction - meaning of structural damage – meaning of fair wear and tear – meaning of reimburse – whether the landlord incurred a "cost of fixing structural damage" LEASE – whether the tenant continued to occupy the property after termination while doing repair work required by the landlord - defendant permitted to go onto the premises for the limited purpose of doing repair work which the landlord said was required under the sub-lease Cases Cited: Advance Fitness Corporation Pty Ltd v Bondi Diggers Memorial & Sporting Club Ltd (1999) NSWSC 264 Alamdo Holdings Pty Ltd v Australian Window Furnishings (NSW) Pty Ltd [2006] NSWCA 224 Alamdo Holdings Pty Ltd v Australian Window Furnishings (NSW) Pty Ltd [2004] NSWSC 487 Carbure Pty Ltd v Brile Pty Ltd [2002] VSC 272 Council of the City of Newcastle v Royal Newcastle Hospital (1950) 100 CLR 1 Council of the City of Newcastle v Royal Newcastle Hospital (1956) 96 CLR 493 Hampson v Clyne [1967] 86 WN (NSW) 321 Regis Property Co Ltd v Dudley [1959] AC 370 Telfer v Fairfax [2016] NSWSC 60 Zurich Australian Insurance Ltd v Fruehauf Finance Corporation Pty Ltd (1993) 7 ANZ Ins Cas 61-177 Category: Principal judgment Parties: Pittwater Marinas Pty Ltd (Plaintiff) Blue Pearl (NSW) Pty Ltd (First Defendant) Prempricha Pam Pamornniyon (Second Defendant) Shaochen Wang (Third Defendant) Representation: Counsel: D Mackay (Plaintiff) A Rizk (First and Second Defendants) B Ilkovski (Third Defendant)