Tralee Technology Holdings Pty Limited v Yun Chen [2015] NSWSC 1259

Supreme Court New South Wales

Medium Neutral Citation: Tralee Technology Holdings Pty Limited v Yun Chen [2015] NSWSC 1259 Hearing dates: 5 March 2015 Date of orders: 11 September 2015 Decision date: 11 September 2015 Jurisdiction: Common Law Before: Bellew J Decision: (1) The appeal is allowed.

(2) The judgment and orders of the Magistrate are set aside.

(3) The proceedings are remitted to the Magistrate in the Local Court of NSW to be dealt with according to law.

(4) Each party is to provide to my Associate, by 4.00 pm on Friday 18 September 2015, written submissions, not exceeding two pages in length, as to the appropriate orders in respect of the costs of this appeal, and the costs of the proceedings in the court below. Catchwords: APPEAL FROM MAGISTRATE – Where plaintiff company leased premises from the defendant – Where premises leased for the purposes of the company's business as well as for the purposes of providing a residence for the company director and his family - Where premises said to have been kept in a poor state of repair – Where plaintiff lessee sued the defendant lessor for damages for economic and non-economic loss - Whether Magistrate erred in construing the lease – Whether Magistrate erred in concluding that the plaintiff could not recover damages in respect of losses suffered by individual occupants of the premises who were named on the lease agreement but who were not parties to the agreement – Whether Magistrate erred in concluding that the Civil Liability Act applied to the claim for damages for non-economic loss brought by the plaintiff Legislation Cited: Civil Liability Act 2002 (NSW) Civil Procedure Act 2005 (NSW) Legal Profession Act 2004 (NSW) Local Court Act 2007 (NSW) Residential Tenancies Act 2010 (NSW) Cases Cited: Cranston v CBFC Limited (NSWSC, unreported 11 June 1993) Dockside Fitness Pty Limited & ors v Woods [1996] TASSC 142 Fawzi El-Saiedy v NSW Land and Housing Corporation [2011] NSWSC 820 Flight Centre Limited v Louw [2011] NSWSC 132; (2011) 78 NSWLR 656 Holloway v Witham (1990) 21 NSWLR 70 Insight Vacations Pty Limited v Young [2010] NSWCA 137; (2010) 78 NSWLR 641 Jackson v Horizon Holidays [1975] 3 All ER 92 Jackson Nominees Pty Limited v Hanson Building Products Pty Limited [2006] QCA 126 Jackson Nominees Pty Limited v Hanson Building Products Pty Limited [2006] QCA 159 Jarvis v Swans Tours Limited [1973] QB 233 Lloyd's v Harper (1880) 16 Ch D 290 State of NSW v Ibbett [2005] NSWCA 445; (2005) 65 NSWLR 168 State of NSW v Williamson [2011] NSWCA 183 Video Ezy International Pty Limited v Sedema Pty Limited [2014] NSWSC 143 Williamson v State of NSW [2010] NSWSC 229 Zogiannis v Stevens [2012] VSC 264 Category: Principal judgment Parties: Tralee Technology Holdings Pty Limited - Plaintiff Yun Chen - Defendant Representation: Counsel: Mr T Maltz - Plaintiff Mr I G A Archibald - Defendant