Lee v YOUth OK Pty Ltd (No. 2) [2022] NSWSC 1691

Supreme Court New South Wales

Medium Neutral Citation: Lee v YOUth OK Pty Ltd (No. 2) [2022] NSWSC 1691 Hearing dates: 17 October, 3 and 30 November 2022. Date of orders: 9 December 2022 Decision date: 09 December 2022 Jurisdiction: Equity Before: Slattery J Decision: Damages reduced take account of the defendants' lease obligations to mitigate loss. Indemnity costs order not made. Order for interest on costs made. Catchwords: LEASES AND TENANCIES – first defendant in breach of lease and gives possession of property – calculation of damages for the balance of the term – lease requires the plaintiff to do "every reasonable thing to mitigate loss" – whether the plaintiff has done every reasonable thing to mitigate her losses and to release premises repossessed from the first defendant – term of lease allows the plaintiff to recover reasonable legal costs from the default – whether the plaintiff entitled to indemnity costs under the lease. COSTS - whether indemnity costs should be awarded under the provisions of the lease – whether interest on costs should be awarded. Legislation Cited: Civil Procedure Act 2005, s 98(2) Civil Procedure Act, s 101(5). Civil Procedure Act, s 101(4) Cases Cited: Lee v YOUth OK Pty Ltd [2022] NSWSC 1356 Rail Corporation of NSW v Leduva Pty Ltd [2007] NSWSC 800 Heaps v Longman [2000] NSWSC 542 Brinca Property Management Pty Ltd v Fibre Tek Global Pty Ltd [2015] NSWSC1628 McCausland v Surfing Hardware International Holdings Pty Ltd ACN 090 252 752 (No. 3) [2014] NSWSC 590 Category: Costs Parties: Plaintiff: Annie Lee First Defendant: YOUth OK Pty Ltd ACN 634 484 674 Second Defendant: David Charles Hawkins Representation: Counsel: Plaintiff: D. Smallbone