Rossi and Rossi v Pel-Air Aviation Pty Ltd [2006] NSWLC 22

Local Court of New South Wales

CITATION: Rossi and Rossi v Pel-Air Aviation Pty Ltd [2006] NSWLC 22 JURISDICTION: Civil Antonio Rossi PARTIES: Robert Rossi Pel-Air Aviation Pty Ltd FILE NUMBER: 1357/05 PLACE OF HEARING: Downing Centre Local Court DATE OF DECISION: 04/24/2006 MAGISTRATE: Magistrate H Dillon CATCHWORDS: Contract - Commercial issues - Whether damage done to premises during the course of the lease - Whether defendant liable for outstanding rents and other expenditures - Whether defendant liable for loss of rent during periods of repair LEGISLATION CITED: CASES CITED: Alfred McAlpine Construction Ltd v Panatown Ltd (2001) 1 AC 518 (House of Lords) Browne v Dunn (1893) 6 R 67 C P White & Hetherigton - Solicitors REPRESENTATION: Ms N Obrart - Counsel David Hand - Solicitor Mr M Maxwell - Counsel ORDERS: Verdict for the plaintiff Robert Rossi in the sum of $5,828.53 and judgment accordingly.; Verdict for the plaintiff Antonio Rossi in the sum of $14,271.90 and judgment accordingly.; I reserve the question of interest and costs and grant the parties liberty to apply to the court for appropriate orders.

Judgment 1. The plaintiffs, Robert and Anthony Rossi, are the equitable owners of two industrial units in Kent Rd, Rosebery that were occupied for some years by the defendant company, Pel-Air Aviation Pty Limited ("Pel-Air"). Commercial lease agreements in respect of each unit were formed on 8 November 2002. Mr Robert Rossi was the beneficial owner of Unit 3 and Mr Anthony Rossi of Unit 4.

2. When the agreements were formed, Pel-Air was in occupation of both units having previously leased them from the parents of the plaintiffs. Mr Guiseppe Rossi and his wife Filomena bought the units in 1990 and at the time the agreements were entered by the parties to these proceedings Mrs Rossi remained the registered proprietor of both premises.