NSW Caselaw
New South Wales Supreme Court
CITATION : Vale v Rosychamp [2008] NSWSC 1373
HEARING DATE(S) : 19-23 May 2008, 26-30 May 2008
JUDGMENT DATE : 19 December 2008
JURISDICTION : Equity
JUDGMENT OF : White J
DECISION : Refer to paras 203-206 of judgment.
CATCHWORDS : LANDLORD AND TENANT – retail and commercial tenancies legislation – unconscionable conduct – lessor refused to negotiate for a new lease with a prospective purchaser of the lessee's business – lessee alleged lessor wanted building vacant to maximise sale price – lessor feared potential disputes with a new tenant and a proposed redevelopment if new lease were granted - legitimate to have regard to commercial self-interest - CONTRACT – damages – breach of term to maintain air-conditioning system – no attempt by plaintiff to quantify its loss – many other factors also eroded plaintiff's profits – impossible precisely to ascertain loss caused by breach – damages assessed at $10,000
LEGISLATION CITED : Retail Leases Act 1994 (NSW) Civil Procedure Act 2005 (NSW)
CATEGORY : Principal judgment
Waterhouse v Waugh [2003] NSWCA 139 Vale v Rosychamp Pty Ltd [2006] NSWSC 1341 CASES CITED : Attorney General of New South Wales v World Best Holdings Ltd [2005] NSWCA 261; (2005) 63 NSWLR 557 Pioneer Quarries (Sydney) Pty Ltd v Permanent Trustee Co NSW Ltd (1970) 2 BPR 9562 Alcatel Australia Ltd v Scarcella (1998) 44 NSWLR 349 JLW (Vic) Pty Ltd v Tsiloglou [1994] 1 VR 237
PARTIES : David Vale v Rosychamp Pty Ltd
FILE NUMBER(S) : SC 2238/07
COUNSEL : Plaintiff: In person Defendant: D Hogan-Doran with J Shepard
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