Aussie Bananas Pty Limited v Garage 88 Sydney Pty Limited; Garage 88 Sydney Pty Limited v Aussie Bananas Pty Limited [2022] NSWDC 510

District Court New South Wales

Medium Neutral Citation: Aussie Bananas Pty Limited v Garage 88 Sydney Pty Limited; Garage 88 Sydney Pty Limited v Aussie Bananas Pty Limited [2022] NSWDC 510 Hearing dates: 24 March 2022 Date of orders: 24 March 2022 Decision date: 24 March 2022 Jurisdiction: Civil Before: P Taylor SC DCJ Decision: (1) Judgment for the plaintiff against the first and second defendants in the sum of $108,130.76. (2) Defendants to pay the plaintiff's costs of the proceedings, including the costs of the cross-claim, on an indemnity basis. (3) Cross-claim dismissed. (4) Order 3 hereof not to be entered for 2 weeks. (5) Direct the plaintiff to inform the defendants of today's orders by sending, by 5pm tomorrow, a letter with a copy of the orders [by email and post to the defendants]. Catchwords: LEASES AND TENANCIES — rent and outgoings — recovery of rent and interest – damages for cleaning and painting CIVIL PROCEDURE – judgment when defendant is absent – dismissal when plaintiff is absent Legislation Cited: Uniform Civil Procedure Rules 2005, r 9.1, r 29.7 Category: Principal judgment Parties: Aussie Bananas Pty Limited (plaintiff/cross-defendant) Garage 88 Sydney Pty Limited (first defendant/first cross-claimant) Sophie May (second defendant/second cross-claimant) Representation: Counsel: Mr S Cominos (plaintiff/cross-defendant)

Solicitors: Le Page Lawyers (plaintiff/cross-defendant) File Number(s): 2020/00351353 Publication restriction: None