SAS (Sales) Pty Ltd v SJPJ Pty Ltd [2011] NSWSC 905

Supreme Court New South Wales

Medium Neutral Citation: SAS (Sales) Pty Ltd v SJPJ Pty Ltd [2011] NSWSC 905 Hearing dates: 29 July 2011 Decision date: 18 August 2011 Jurisdiction: Common Law Before: Schmidt J Decision: 1. The defendant is to pay the plaintiff the sum of $ 20,960.10 , plus the interest claimed from 1 November 2009 and 40% of its costs of the hearing below, as agreed or assessed 2. The defendant is to pay the plaintiff's costs of the appeal including in relation to the defendant's notice of contention. The plaintiff is to bear the defendant's costs of the hearing of the cross-appeal. Catchwords: APPEAL - cross appeal - leave to appeal - failure to give reasons - illogicality of reasoning - whether findings based on evidence - whether certain issues were overlooked - failure to give effect to certain provisions of the lease - Land Tax Management Act 1956 - section 170 of the Conveyancing Act 1919 - mixed questions of fact and law - error of law established - appeal upheld and matter reheard - claims for unpaid rent - abatement of rent - unpleaded point - cross appeal upheld - claim for outgoings - land tax - water and council rates - painting - fire hydrant services - property management fees - pre-judgment interest

COSTS - costs of arbitration - costs below - costs of the appeal Legislation Cited: Civil Procedure Act 2005 Conveyancing Act 1919 Land Tax Act 1956 Land Tax Management Act 1956 Local Court Act 2007 Uniform Civil Procedure Rules 2005 Cases Cited: Alchin v Daley [2009] NSWCA 418 Aon Risk Services Australia Ltd v Australian National University [2009] HCA 27; (2009) 239 CLR 175 Amaba Pty Ltd v Booth; Amaca Pty Ltd v Booth [2010] NSWCA 344 Azzopardi v Tasman UE3 Industries Ltd (1985) 4 NSWLR 139 Australian Broadcasting Tribunal v Bond [1990] HCA 33; (1990) 170 CLR 321 Campbelltown City Council v Vegan [2006] NSWCA 284; (2006) 67 NSWLR 372 Gould v Mount Oxide Mines Ltd (in liq) [1916] HCA 81; (1916) 22 CLR 490 Kelly v Norris [2004] NSWCA 260 R v District Court: ex parte White [1966] HCA 69; (1966) 116 CLR 644 Screenco Pty Ltd v RL Dew Pty Ltd [2003] NSWCA 319; (2003) 58 NSWLR 720 Soulemezis v Dudley (Holdings) Pty Ltd (1987) 10 NSWLR 247 Workers Compensation (Dust Diseases) Board Of NSW v Smith, Munro and Seymour [2010] NSWCA 19 Tisdall v Webber [2011] FCAFC 76; (2011) 193 FCR 260 US Manufacturing Co Pty Ltd v ABB Service Pty Ltd [2008] NSWSC 705 Category: Principal judgment Parties: SAS (Sales) Pty Ltd ACN 056 158 653 (Plaintiff) SJPJ Pty Ltd ACN 089 558 725 (Defendant) Representation: Counsel: Mr A Joseph (Plaintiff) Mr AM Stewart (Defendant) Solicitors: Peter Winters & Co (Plaintiff) G & D Lawyers (Defendant) File Number(s): 2009/448931 Decision under appeal Jurisdiction: 9109 Date of Decision: 2011-03-28 00:00:00 Before: Magistrate Day File Number(s): 2009/448931