NSW Caselaw
New South Wales Supreme Court
CITATION : Konstantopoulos v R & M Beechey Carriers Pty Ltd [2010] NSWSC 753
HEARING DATE(S) : 15 February 2010; 16 February 2010; 17 February 2010; 18 February 2010; 19 February 2010; 25 February 2010
JUDGMENT DATE : 9 July 2010
JURISDICTION : Common Law
JUDGMENT OF : Simpson J
DECISION : Verdict for the defendants.
CATCHWORDS : CONTRACTS – construction and interpretation of lease – whether lessees liable for damage caused to premises - TORTS – negligence - whether lessees owed the plaintiffs a duty of care – whether damage caused to premises in breach of duty – use of premises within the permitted use specified in lease does not give rise to liability in negligence - CONTRACTS – claim for unpaid rent – no submissions directed to claim – evidence limited – plaintiffs given further opportunity to establish claim on evidence already adduced
CATEGORY : Principal judgment
Steve Konstantopoulos (First Plaintiff) Rosa Konstantopoulos (Second Plaintiff) PARTIES : R & M Beechey Carriers Pty Ltd (First Defendant) Ratcliffe & Polly Pty Ltd (Second Defendant) Matthew Beechey (Third Defendant) Benjamin Joseph Beechey (Fourth Defendant)
FILE NUMBER(S) : SC 2008/283086; 2008/289517
E Cohen (Plaintiffs) COUNSEL : G Carolan (1st & 3rd Defendants) M S White/R Gration (2nd & 4th Defendants)
S Naris (Plaintiffs) SOLICITORS : Frank Legal (1st & 3rd Defendants) Diamond Conway Lawyers (2nd & 4th Defendants)
IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION
Simpson J
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