Steven Chambers v Dr Jack Vaisman [2008] NSWDC 198

Reported Decision : 7 DCLR (NSW) 282

New South Wales District Court

CITATION: Steven Chambers v Dr Jack Vaisman [2008] NSWDC 198

HEARING DATE(S): 27/8/08 - 28/8/08

JUDGMENT DATE: 11 September 2008

JURISDICTION: Civil

JUDGMENT OF: Rolfe DCJ

DECISION: See paragraph 35 of Judgment

CATCHWORDS: Claim by Plaintiff for rent owing under lease, Defence of estoppel based on alleged representations by Plaintiff's agent that Defendant would not be liable for rent . Estoppel claim not made out. - Consideration of holding over provision and whether notices of increase in the rent were served in accordance with the provisions of S 130 (1) c of the Residential Tenancies Act 1987

LEGISLATION CITED: Residential Tenancies Act 1987

CASES CITED: White & Ors v Cariste Pty Ltd (2004) NSWCA 460

PARTIES: Steven Chambers (Plaintiff) Dr Jack Vaisman (Defendant)

FILE NUMBER(S): 1078/07

COUNSEL: J O'Connor (Plaintiff) H W M Stitt ( Defendant)

SOLICITORS: M Tierney (Plaintiff) P Bard (Defendant)

JUDGMENT

1 The plaintiff, Steven Chambers, is the registered proprietor of Unit 5, 8 Gow Street Balmain (the "Property"). The Property was one of a number of units which the plaintiff owned in the building at 8 Gow Street Balmain.

2 The plaintiff sold most of the other units. Although he sought to sell the Property, it was passed in at auction in early 2002.

3 On 19 March 2002, Brian Bryce wrote to Dennis Vertzayias of N G Farah Property Managers Pty Limited ("NGF"), the agents who had acted on the auction sale of the Property for the plaintiff. In his letter (exhibit 4), Mr Bryce expressed an interest in leasing the Property for one year and paying rent of $1900 per week on condition that he would have the option of purchasing the Property at the end of the lease for $2,500,000.