Novelly v Tamqia Pty Ltd [2022] NSWSC 1607

Supreme Court New South Wales

Medium Neutral Citation: Novelly v Tamqia Pty Ltd [2022] NSWSC 1607 Hearing dates: 7 November 2022 – 9 November 2022 Decision date: 24 November 2022 Jurisdiction: Equity Before: Peden J Decision: (1) The Plaintiff's claims for specific performance are dismissed. (2) Each party to pay their own costs. Catchwords: LEASES AND TENANCIES — Repairs, maintenance and alterations — Obligation to repair and maintain — Where expedited proceedings concern three year and one month lease of a residential penthouse — Where substantial parts of the plaintiff's case no longer pressed at the hearing due to defendant's undertakings — Where balance of the case concerned specific performance of landlord's repair covenants in respect of internal lift maintenance, some lights, a pool heater, fridge, barbeque and panel door — Where no breaches established — Where damages would be for loss of amenity — Where damages would be an adequate remedy and specific performance would be refused Cases Cited: DH MB Pty Ltd v Manning Motel Pty Ltd [2014] NSWCA 396 Dougan v Ley (1946) 71 CLR 14 John Fairfax & Sons Ltd v Australian Telecommunications Commission (1977) 2 NSWLR 400 Ryan v Mutual Tontine Westminster Chambers Association Ltd [1893] 1 Ch 116 Wight v Haberdan Pty Ltd [1984] 2 NSWLR 280 Texts Cited: Meagher, Gummow and Lehane's Equity Doctrines and Remedies (4th ed, 2002, Lawbook Co) Category: Principal judgment Parties: Jared Novelly (Plaintiff) Tamqia Pty Ltd (Defendant) Representation: Counsel: G A Sirtes SC and P Barham (Plaintiff) E A J Hyde (Defendant)