NSW Caselaw
New South Wales Supreme Court
CITATION : AAF Enterprises Pty Ltd v Hiken Group Pty Ltd [2009] NSWSC 418
HEARING DATE(S) : 23 – 25 February 2009
JUDGMENT DATE : 1 June 2009
JURISDICTION : Equity
JUDGMENT OF : Bryson AJ at 1
1. I give judgment for the plaintiff for $73,789 with interest $21,103.65 from 29 June 2005 to the date of judgment, a total of $94,892.65 and with costs of the plaintiff's claim. DECISION : 2. I order that each party bear its own costs of the cross-claim. 3. I order that the defendant deliver up all documents held by it as guarantee or term deposit of $23,375.00 given in accordance with clause 25 and item 11 of the Lease: with liberty to apply as to the enforcement of this order.
CATCHWORDS : LESSOR and LESSEE - Commercial premises - halal butchery shop in Auburn Centre - on the facts, the plaintiff did not establish rights under Trade Practices Act s 52 - damages assessed for breaches of landlord's covenants relating to obstruction and disturbance from continuing building work.
Conveyancing Act 1919 (NSW) LEGISLATION CITED : Retail Leases Act 1994 (NSW) Trade Practices Act 1974 (Cth)
CATEGORY : Principal judgment
PARTIES : AAF Enterprises Pty Ltd (Plaintiff) Hiken Group Pty Ltd (Defendant)
FILE NUMBER(S) : SC 4543/05
Desmond Fagan SC (Plaintiff) COUNSEL : J. F. Donohoe (Defendant) (On 23 & 24/2/09) P Taylor SC (Defendant) (On 25/2/09)
SOLICITORS : Holman Webb (Plaintiff) Advance Legal (Defendant)
- 24 - IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION
BRYSON AJ
MONDAY 1 JUNE 2009
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