RIHSF Pty Ltd v Bhullar Steel Distribution Pty Ltd [2018] NSWDC 72

District Court New South Wales

Medium Neutral Citation: RIHSF Pty Ltd v Bhullar Steel Distribution Pty Ltd [2018] NSWDC 72 Hearing dates: 7 November 2017-10 November 2017; 8 February 2018 Date of orders: 28 March 2018 Decision date: 28 March 2018 Jurisdiction: Civil Before: Dicker SC DCJ Decision: (1) Judgment for the plaintiffs against the first defendant on the Amended Statement of Claim; (2) Judgment for the plaintiffs/cross–defendants on the Cross-Claim. The Cross-Claim is dismissed. (3) Judgment for the second defendant in relation to the Amended Statement of Claim. The Amended Statement of Claim is dismissed against the second defendant. (4) The first defendant is to pay the plaintiffs' costs of the proceedings as agreed or assessed (excluding any costs of the plaintiffs relating to the claim against the second defendant). (5) The plaintiffs are to pay the second defendant's costs of the proceedings as agreed or assessed. (6) Liberty to apply within 14 days to vary the costs orders in (4) and (5) above. (7) The parties are to bring in Short Minutes of Order within seven days in relation to the amount to be awarded against the first defendant in the Amended Statement of Claim including any interest. (8) The exhibits are to be returned after 28 days. Catchwords: Leases-factory dealing with steel products-obligations on lessor concerning condition of cranes in factory at the time of commencement of lease - ongoing obligations on the lessee in relation to the maintenance and repair of cranes at factory - covenant to repair - covenant to make good - obligation to pay rent and whether defendant breached obligation - condition of premises leased upon vacant possession – whether make good obligation breached