Alpha Investment Management Pty Ltd (formerly known as Patron Financial Services Pty Ltd) v Nationwide Mercantile Corporation Pty Ltd [2021] NSWDC 817

District Court New South Wales

Medium Neutral Citation: Alpha Investment Management Pty Ltd (formerly known as Patron Financial Services Pty Ltd) v Nationwide Mercantile Corporation Pty Ltd [2021] NSWDC 817 Hearing dates: 11, 12 August; 14 September 2021 Date of orders: 17 December 2021 Decision date: 17 December 2021 Jurisdiction: Civil Before: P Taylor SC DCJ Decision: (1) Judgment for the plaintiff in the sum of $97,703.32 inclusive of interest. (2) Order the defendant to pay the plaintiff's costs: (a) those costs to be assessed on the indemnity basis, and to date from and including 20 September 2019, (b) including all legal costs incurred referable to the termination of the lease and the make good of the premises, as well as the litigation costs, (c) together with interest of 12% on costs incurred and assessed. Catchwords: LEASES AND TENANCIES — Assignment and subletting — Agreement for sublease LEASES AND TENANCIES — Repairs, maintenance and alterations — Obligation to repair and maintain Legislation Cited: Conveyancing Act 1919, s133 Cases Cited: Antaios Compania Naviera SA v Salen Rederierna AB [1985] AC 191 Australian Broadcasting Commission v Australasian Performing Right Association Ltd [1973] HCA 36, (1973) 129 CLR 99 Australian Broadcasting Commission v Australasian Performing Right Association Ltd (1973) 129 CLR 99 Bank of Queensland Ltd v Chartis Australia Insurance Ltd [2013] QCA 183 Bulgo Coal Management Pty Ltd v Hope Wine Group Pty Ltd [2020] NSWSC 1783 Cornwall Park Trust Board Inc v Chen [2016] NZCA 65 Electricity Generation Corporation t/as Verve Energy v Woodside Energy Ltd [2014] HCA 7, (2014) 251 CLR 640 Maggbury Pty Ltd v Hafele Australia Pty Ltd (2001) 210 CLR 181; [2001] HCA 70 Midcoast Petroleum Pty Ltd v Keldros Pty Ltd [2019] NSWSC 970 Motor Yacht Sales Australia Pty Ltd v Blann [2020] NSWCA 349 Mount Bruce Mining Pty Ltd v Wright Prospecting Pty Ltd [2015] HCA 37; (2015) 256 CLR 104 NSW Rifle Association Inc v Commonwealth [2012] NSWSC 818 Payne v Haine (1847) 16 MZW; 153 ER 1304 Proudfoot v Hart (1890) 25 QBD 42 Rainy Sky SA v Kookmin Bank [2011] 1 WLR 2900 Rinehart v Hancock Prospecting Pty Ltd (2019) 267 CLR 514; [2019] HCA 13 Rockdale City Council v Micro Developments Pty Ltd [2008] NSWCA 128 Supabarn Supermarkets Pty Ltd v Cotrell Pty Ltd (No 3) [2020] ACTSC 53 Westfield Management Ltd v Perpetual Trustee Company Ltd [2007] HCA 45, 233 CLR 528 Category: Principal judgment Parties: Alpha Investment Management Pty Ltd (formerly known as Patron Financial Services Pty Ltd) (plaintiff) Nationwide Mercantile Corporation Pty Ltd (defendant) Representation: Counsel: Mr W Marshall (plaintiff) Mr A J Barnett (defendant)