NSW Caselaw
Reported Decision : (2006) NSW ConvR 56-167
New South Wales Court of Appeal
CITATION: Alamdo Holdings Pty. Limited v. Australian Window Furnishings (NSW) Pty. Ltd. & Anor. [2006] NSWCA 224
HEARING DATE(S): 4 and 5 May 2006
JUDGMENT DATE: 14 August 2006
JUDGMENT OF: Hodgson JA at 1; Basten JA at 115; McClellan CJ at CL at 141
DECISION: 1. Leave to Alamdo to appeal on issues identified by Hodgson JA as issues (1)-(4) granted. 2. Notice of Appeal to be filed within 14 days. 3. Appeal dismissed. 4. Leave to appeal or cross-appeal on issue (5) refused. 5. Alamdo to pay the opponents' costs of the application and the appeal.
CATCHWORDS: LANDLORD AND TENANT - Covenants of lease - Construction and effect of covenants - Meaning of "demised premises" - Meaning of "reasonable wear and tear" - Meaning of "structural maintenance replacement or repair" - Whether repair of damage caused by sub-lessee was rendered necessary by the lessee's use of the demised premises - Whether lessor became liable for losses, claims or expenses arising from negligent use of facilities by the sub-lessee - Whether lessee's liability to repaint engaged by words "usually so treated" where the item would not generally be painted but had been painted at the leased property - Whether lessor had proved loss of rent because of lessee's breaches - Whether lessor entitled to interest at 20% on damages as moneys due pursuant to the lease but unpaid for 7 days.
Commissioners of Taxation v. Trustees of St. Mark's Glebe [1902] AC 416 Hungerfords v. Walker (1989) 171 CLR 125 Leotta v. Public Transport Commission (NSW) (1976) 50 ALJR 666 March v. E. & M.H. Stramare Pty. Limited (1991) 171 CLR 506 CASES CITED: Mowling v. Justices of Hawthorn (1891) 17 VLR 150 Newcastle City Council v. Royal Newcastle Hospital (1957) 96 CLR 493 Randwick Municipal Council v. Rutledge (1959) 102 CLR 54 Ryde Municipal Council v. Macquarie University (1978) 139 CLR 633 Young v. Queensland Trustees Limited (1956) 99 CLR 560
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