NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: IPL Medical Pty Ltd v Charmen Pty Ltd [2019] NSWSC 1824 Hearing dates: 25, 26 & 27 November 2019 Decision date: 18 December 2019 Jurisdiction: Equity - Commercial List Before: Hammerschlag J Decision: Plaintiff entitled to judgment for $361,347 and to delivery up forthwith of the bank guarantee. Cross-claim dismissed. Catchwords: LANDLORD AND TENANT – construction of leases – extent of tenant's obligation to repair damage to premises – construction and operation of provisions requiring tenant to pay outgoings – whether amounts charged by the landlord to the tenant were incurred for capital or structural works – entitlement of tenant to return of a bank guarantee provided to landlord as security for tenant's obligations – entitlement of tenant to damages for landlord wrongfully making demand under the bank guarantee. Legislation Cited: Environmental Planning and Assessment Regulation 2000 (NSW) Cases Cited: Graham v Markets Hotel Pty Ltd (1943) 67 CLR 567 Hampton Court Ltd v Crooks (1957) 97 CLR 367 Category: Principal judgment Parties: IPL Medical Pty Ltd - Plaintiff Charmen Pty Ltd - Defendant Representation: Counsel: M.A. Ashhurst SC with L.D. Corbett - Plaintiff/Cross-Defendant A.R. Zahra - Defendant/Cross-Claimant
Solicitors: Thomson Geer - Plaintiff/Cross-Defendant YPOL Lawyers - Defendant/Cross-Claimant File Number(s): 2018/92975
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