NSW Caselaw
District Court New South Wales
Medium Neutral Citation: City X-Ray Pty Ltd v Rigby Hall Pty Ltd [2024] NSWDC 222 Hearing dates: 19 – 22 March 2024, 25 March 2024, 10 April 2024 Date of orders: 21 June 2024 Decision date: 21 June 2024 Jurisdiction: Civil Before: Cole DCJ Decision: (1) Judgment for the defendant against the plaintiff on the plaintiff's claim and the claim is dismissed. (2) Judgment for the defendant/cross-claimant against the plaintiff/cross-defendant on the cross-claim in the sum of $149,387.38 plus interest. Catchwords: LEASES AND TENANCIES – obligation to make good at the end of the term of a lease of commercial premises – GUARANTEE – funds claimed by the landlord under a bank guarantee given under the lease and applied to work on the premises – whether in accordance with the terms of the lease Legislation Cited: Evidence Act 1995 (NSW), s 140 Cases Cited: Cessnock City Council v 123 259 932 Pty Ltd [2024] HCA 17 Gujarat NRE India Pty Ltd v Wollongong Coal Limited [2018] NSWSC 1459 Category: Principal judgment Parties: City X-Ray Pty Ltd (Plaintiff/Cross-Defendant) Rigby Hall Pty Ltd (Defendant/Cross-Claimant) Representation: Counsel: Ms M Cairns (Plaintiff/Cross-Defendant) Ms S Tame (Defendant/Cross-Claimant)
Solicitors: Buchanan Rees Dispute Lawyers (Plaintiff/Cross-Defendant) Andersen Legal & Consulting (Defendant/Cross-Claimant) File Number(s): 2022/374773 Publication restriction: Nil
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