Doman v Young Scholars @Glebe Pty Ltd [2024] NSWSC 1266

Supreme Court New South Wales

Medium Neutral Citation: Doman v Young Scholars @Glebe Pty Ltd [2024] NSWSC 1266 Hearing dates: 30 September and 1 October 2024 Date of orders: 10 October 2024 Decision date: 10 October 2024 Jurisdiction: Equity - Commercial List Before: Hammerschlag CJ in Eq Decision: Judgment for the plaintiffs against the defendants in a money amount to be calculated in accordance with these reasons and taking into account their recovery under the bank guarantee Catchwords: LEASES AND TENANCIES – Claim by Landlord for unpaid rental and outgoings and loss of bargain damages as a result of termination of the Lease for the Tenant's breach – Cross-claim by Tenant for abatement of rent from the commencement of the Lease on the basis that the Premises were damaged by ingress of water so that the Tenant's use of the Premises were substantially affected – Landlord's claim for rent partially predicated on the occurrence of a market rent review – Tenant claims an adjustment under a provision in the Lease entitling it to repayment of money overpaid by mistake – HELD Landlord has not established that the market rent review occurred – HELD the Tenant failed to establish that the damage to the building adversely affected its use – HELD Tenant not able to take advantage of the adjustment provision because it never pleaded it – HELD Landlord failed to establish an entitlement to various outgoings claimed Cases Cited: Westpac Banking Corporation v Tanzone Pty Ltd (2000) 113 NSWLR 73 Category: Principal judgment Parties: Thomas Alastair Doman (First Plaintiff/First Cross-Defendant) Elspeth Mary Doman (Second Plaintiff/Second Cross-Defendant) T A Doman & Co Pty Limited (Third Plaintiff/Third Cross-Defendant) Vimreach Pty Ltd (Fourth Plaintiff/Fourth Cross-Defendant) Margaret Campbell Doman (Fifth Plaintiff/Fifth Cross-Defendant)