Konstantopoulos v R & M Beechey Carriers Pty Ltd [2011] NSWCA 388

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Konstantopoulos v R & M Beechey Carriers Pty Ltd [2011] NSWCA 388 Hearing dates: 20 September 2011 Decision date: 15 December 2011 Before: Basten JA at 1; Young JA at 74; Handley AJA at 75 Decision: Appeal dismissed with costs. [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: CONTRACT - construction and interpretation of commercial lease - scope of the obligation of the lessees - no contractual obligation with respect to use of the common property

PRACTICE AND PROCEDURE - procedural fairness - alleged failure of primary judge to deal with claims - adequacy of reasons - claims expressly rejected - insufficient evidence to support the claims

TORTS - negligence - duty of care - lessee's liability - no evidence to support breach of duty of care - use of premises within permitted use specified in lease Legislation Cited: Conveyancing Act 1919 (NSW), s 133A Category: Principal judgment Parties: Steve Konstantopoulos - First Appellant Rosa Konstantopoulos - Second Appellant R & M Beechey Carriers Pty Ltd - First Respondent Ratcliffe & Polly Pty Ltd - Second Respondent Matthew Beechey - Third Respondent Benjamin Ratcliffe - Fourth Respondent Representation: Counsel: