Brakikki Pty Limited v Gofur [2011] NSWDC 92

District Court New South Wales

Medium Neutral Citation: Brakikki Pty Limited v Gofur [2011] NSWDC 92 Hearing dates: 11, 12, 13, 18, 19, 21, 22 October, 26 November 2010, 14 April 2011, last written submissions received 8 August 2011 Decision date: 12 August 2011 Jurisdiction: Civil Before: Levy SC DCJ Decision: 1.Verdict and judgment for the plaintiff in its claim against the defendant in the amount of $82,640.33; 2.Verdict for the cross claimant/ defendant on the cross claim against the plaintiff in the sum of $50,000; 3.After set-off of the respective verdicts on the plaintiff's claim and the defendant's cross claim against the plaintiff, judgment for the plaintiff against the defendant in the amount of $32,640.33; 4.I will hear the parties as to the appropriate order for costs; 5.The exhibits may be returned; 6.Liberty to apply on 7 days notice if further orders are required. [Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.] Catchwords: LEASES - commercial premises - specialty grocery store - whether lease breached by defendant - whether defendant was induced into entering into the lease by representations that could have misled - claim and cross claim for damages Legislation Cited: Conveyancing Act 1919, s 85(d) and s 129 Trade Practices Act 1974, s 51A and s 52 Uniform Civil Procedure Rules 2005 Category: Principal judgment Parties: Brakikki Pty Limited (Plaintiff) Mohammad Abdul Gofur (Defendant) Representation: Mr C Moschoudis (Plaintiff) Mr J Knackstredt (Defendant) David Kam & Co (Plaintiff) Mooney & Kennedy(Defendant) File Number(s): 5973 of 2008 2008/320726