R & R Family Holdings Pty Limited (ACN 143 168 245) v Bevillesta Pty Limited (ACN 008 428 162) (No. 2) [2013] NSWADT 286

R & R Family Holdings Pty Limited (ACN 143 168 245) v Bevillesta Pty Limited (ACN 008 428 162) (No. 2) [2013] NSWADT 286

The registered lease bound the parties. R & R Family Holdings did not establish that it relied on any false representation by Bevillesta about tenancy mix when entering the lease. Bevillesta was, however, bound by a collateral contractual obligation to ensure that the covered passageway shown on plans remained available to customers of R & R Family Holdings, and its failure to do so was a minor breach sounding in damages assessed at $50,000. The unconscionable conduct claim failed because the alleged matters were not supported by credible evidence and did not amount to moral obloquy. Bevillesta's claim for arrears was proved and the calculation was not challenged, so $298,042 plus $7,462...

Jurisdiction
Australia
Judgment Date
11 December 2013
Procedural Posture
Retail Lease Dispute; Application for Original Decision and Related Claim for Unpaid Rent, Outgoings and Promotional Levies / Principal Judgment After Hearing
Outcome
R & R Family Holdings was partly successful on its wet weather access damages claim; Bevillesta succeeded on its arrears claim and obtained interest and a partial costs order.
Legal Topics
['alleged Pre Lease Misrepresentations as to Tenancy Mix' 'rain Cover and Wet Weather Access' 'unconscionable Conduct Under S 62 B of the Retail Leases Act 1994' 'arrears of Rent, Outgoings and Promotional Levies' 'collateral Contractual Obligation' 'costs']
['retail Leases' 'contract Law' 'landlord and Tenant' 'damages' 'civil Procedure'] ['alleged Pre Lease Misrepresentations as to Tenancy Mix' 'rain Cover and Wet Weather Access' 'unconscionable Conduct Under S 62 B of the Retail Leases Act 1994' 'arrears of Rent, Outgoings and Promotional Levies' 'collateral Contractual Obligation' 'costs']

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Procedural Posture

Retail Lease Dispute; Application for Original Decision and Related Claim for Unpaid Rent, Outgoings and Promotional Levies / Principal Judgment After Hearing

Legal Issues

  1. 1 ['Whether Bevillesta made false or misleading pre-lease representations about the tenancy mix and whether R & R Family Holdings relied on them when entering the lease.' 'Whether Bevillesta was obliged to provide or maintain covered access or wet weather access to the premises and whether breach entitled R & R Family Holdings to relief.' 'Whether Bevillesta engaged in unconscionable conduct within s 62B of the Retail Leases Act 1994.' 'Whether Bevillesta proved its claim for unpaid rent, outgoings and promotional levies, and interest.' 'What costs order should be made.']

Ratio Decidendi

The registered lease bound the parties. R & R Family Holdings did not establish that it relied on any false representation by Bevillesta about tenancy mix when entering the lease. Bevillesta was, however, bound by a collateral contractual obligation to ensure that the covered passageway shown on plans remained available to customers of R & R Family Holdings, and its failure to do so was a minor breach sounding in damages assessed at $50,000. The unconscionable conduct claim failed because the alleged matters were not supported by credible evidence and did not amount to moral obloquy. Bevillesta's claim for arrears was proved and the calculation was not challenged, so $298,042 plus $7,462...

Court Disposition

R & R Family Holdings was partly successful on its wet weather access damages claim; Bevillesta succeeded on its arrears claim and obtained interest and a partial costs order.

Orders

  • ['In matter 125150: Respondent Bevillesta Pty Limited to pay the Applicant $50,000 damages.' 'In matter 125181: Respondent R & R Family Holdings Pty Ltd to pay the Applicant $298,042.' 'In matter 125181: Respondent to pay interest in the sum of $7,462 to the Applicant.' 'In both matters: R & R Family Holdings Pty...