Bryshan Pty Limited v AASCO Pty Limited [2010] NSWDC 30

New South Wales District Court

CITATION: Bryshan Pty Limited v AASCO Pty Limited [2010] NSWDC 30

HEARING DATE(S): 1 March 2010 to 3 March 2010

JUDGMENT DATE: 12 March 2010

JURISDICTION: District Court - Civil

JUDGMENT OF: Sidis DCJ

1. Verdict and judgment for the plaintiff against both defendants in the sum of $36,592.96 comprising rent due of $27,746.56 and interest of $8,846.40. 2. The cross-claim is dismissed. DECISION: 3. The defendants are to pay the costs of the plaintiff's claim. 4. The cross-claimant is to pay the cross-defendant's costs of the cross-claim. 5. The exhibits are returned.

CATCHWORDS: LANDLORD AND TENANT DISPUTE - Claim for unpaid rent - Rights of entry and consequences when rent overdue - Damages for breach of rental payment provisions of lease - Cross claim for conversion - Credit - Inability to identify goods allegedly converted - Inability to quantify loss allegedly suffered

Bryshan Pty Limited (Plaintiff) PARTIES: AASCO Pty Limited (First Defendant) Michael Butler (Second Defendant)

FILE NUMBER(S): 109/07

COUNSEL: D Allen (for the First and Second Defendants)

SOLICITORS: Plaintiff Self Represented Bilbie Dan Solicitors (for the First and Second Defendants)

JUDGMENT 1 This action involves a claim by Bryshan Pty Limited for rent due under leases granted to Aasco Pty Limited of two factory units and a cross-claim for conversion of stock of the defendant stored in one of those units. The evidence proceeded by way of affidavit upon which the deponents were cross-examined.

2 From the affidavit evidence the following factual chronology can be obtained. 1. The factory units were owned by the plaintiff. Those involved in the proceedings were known as units 1 and 2 Enterprise Drive Beresfield.