NSW Caselaw
New South Wales Supreme Court
CITATION : Workcare Management v Gajic Holdings [2010] NSWSC 919
HEARING DATE(S) : 7-9 June 2010
JUDGMENT DATE : 11 June 2010
JURISDICTION : Equity Division Expedition List
JUDGMENT OF : Rein J
Held that the defendant was in breach of the lease in a number of respects. DECISION : Held that the plaintiff is entitled to damages for the failure to complete the building, which damages are equivalent to the amount of the rent payable and can be offset against the rent. Held that any amount already paid by the plaintiff to the defendant out of the security bond should be returned to form part of the guarantee, and the other amount paid should be treated as a credit against rent that will become payable if and when essential services are completed.
CATCHWORDS : LANDLORD AND TENANT - leases and tenancy agreements - construction and interpretation - term of lease or tenancy - scope of "essential services" - whether breach of term that lessor must "maintain essential services" - whether lessee suffered loss or damage - whether lessee's damages could be offset against rent payable to lessor - where multiple causes of breach of lease
Building and Construction Industry Improvement Act 2005 (Cth) LEGISLATION CITED : Essential Services Act 1988 (NSW) Sydney Water Act 1994 (NSW)
CATEGORY : Principal judgment
Astley v Austrust Ltd (1999) 197 CLR 1 BP Refinery (Westernport) Pty Ltd v Hastings Shire Council (1977) 180 CLR 266 British Anzani (Felixtowe) Ltd v International Marine Management UK Ltd [1980] QB 137 Butt v M'Donald (1896) 8 QLJ 68 Chatfield v Elmstone Rest House [1975] 2 NZLR 269 Codelfa Construction Pty Ltd v State Rail Authority (NSW) (1982) 149 CLR 337 Commonwealth v Amann Aviation (1991) 174 CLR 64 CASES CITED : Luna Park (NSW) Ltd v Tramways Advertising (1938) 61 CLR 286 MEK Nominees Pty Ltd v Billboard Entertainments Pty Ltd [1994] ANZ ConvR 363 Mirvac Hotels Pty Ltd v 333 Collins Street Pty Ltd (unreported, Supreme Court of Victoria, Byrne J, 24 December 1994) Rentokil v Channon (1990) 19 NSWLR 417 Robinson v Harman [1843-1860] All ER Rep 383 Simonius Vischer & Co v Holt & Thompson [1979] 2 NSWLR 322 UCB Leasing Ltd v Holtom [1987] RTR 362 VACC Insurance Co Ltd v BP Australia Ltd (1999) 47 NSWLR 716
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