Technology Leasing Limited v Le Guarde Food Services Pty Limited & Joseph Miro Vucetic [2012] NSWSC 185

Supreme Court New South Wales

Medium Neutral Citation: Technology Leasing Limited v Le Guarde Food Services Pty Limited & Joseph Miro Vucetic [2012] NSWSC 185 Hearing dates: 20 February 2012 Decision date: 20 February 2012 Jurisdiction: Common Law Before: Adams J Decision: (1) The judgment on the statement of claim is quashed and the matter is remitted to the Local Court for rehearing. (2) The judgment on the cross-claim is quashed and the matter is remitted to the Local Court for rehearing. (3) There is no reason why both matters ought not be reheard by his Honour, Magistrate Mijovich. (4) In light of the fact that each party has succeeded it seems to me that the appropriate order is that each party will pay their own costs of their respective summonses. Catchwords: Rental agreement - compliance by renter - whether owner can terminate - proof of debt - onus of proof as to extent of payments - sufficiency of reasons - signed contract - significance of collateral oral agreement. Legislation Cited: Contracts Review Act 1980 Trade Practices Act 1974 Cases Cited: Petelin v Cullen (1975) 132 CLR 355 Young v Queensland Trustees Limited (1956) 99 CLR 560 Category: Principal judgment Parties: Technology Leasing Limited (applicant) Le Guarde Food Services Limited (first respondent) Joseph Miro Vucetic (second respondent) Representation: S.A. Goodman (applicant) J. Bartos (first and second respondents) C.P.J Clancy (applicant) T&A Legal (first and second respondents) File Number(s): 2011/140134