Doman v Young Scholars @Glebe Pty Ltd [2024] NSWSC 1266

Doman v Young Scholars @Glebe Pty Ltd [2024] NSWSC 1266

The landlord failed to establish a valid market rent review occurred or entitlement to various outgoings claimed; the tenant failed to establish that water damage substantially adversely affected its use of the premises and cannot rely on an unpleaded adjustment provision. Judgment is for the plaintiffs for a money sum to be calculated excluding claims not proved and offset by recovery under the bank guarantee.

Parties
First Plaintiff/first Cross Defendant: Thomas Alastair Doman; Second Plaintiff/second Cross Defendant: Elspeth Mary Doman; Third Plaintiff/third Cross Defendant: T A Doman & Co Pty Limited; Fourth Plaintiff/fourth Cross Defendant: Vimreach Pty Ltd; Fifth Plaintiff/fifth Cross Defendant: Margaret Campbell Doman; First Defendant/cross Claimant: Young Scholars @Glebe Pty Ltd; Second Defendant: Joan Elizabeth Stone; Third Defendant: Cubbyhouse Childcare NSW Pty Ltd
Jurisdiction
Australia
Judgment Date
10 October 2024
Procedural Posture
Principal Judgment / Final Determination After Trial
Outcome
Judgment for the plaintiffs against the defendants for a money sum to be calculated as per reasons, accounting for recovery under bank guarantee.
Legal Topics
Leases and Tenancies, Unpaid Rent, Loss of Bargain Damages, Abatement of Rent, Termination for Breach
Equity Commercial Law Leases and Tenancies Unpaid Rent Loss of Bargain Damages Abatement of Rent Termination for Breach

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 1 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

Thomas Alastair Doman

First Plaintiff/first Cross Defendant

Elspeth Mary Doman

Second Plaintiff/second Cross Defendant

T A Doman & Co Pty Limited

Third Plaintiff/third Cross Defendant

Vimreach Pty Ltd

Fourth Plaintiff/fourth Cross Defendant

Margaret Campbell Doman

Fifth Plaintiff/fifth Cross Defendant

Young Scholars @Glebe Pty Ltd

First Defendant/cross Claimant

Joan Elizabeth Stone

Second Defendant

Cubbyhouse Childcare NSW Pty Ltd

Third Defendant

Procedural Posture

Principal Judgment / Final Determination After Trial

Legal Issues

  1. 1 Whether landlord is entitled to unpaid rent, outgoings, and loss of bargain damages on termination of lease for tenant's breach
  2. 2 Whether tenant is entitled to abatement of rent due to water ingress and damage affecting premises
  3. 3 Whether landlord's claim for rent can be predicated on a market rent review

Ratio Decidendi

The landlord failed to establish a valid market rent review occurred or entitlement to various outgoings claimed; the tenant failed to establish that water damage substantially adversely affected its use of the premises and cannot rely on an unpleaded adjustment provision. Judgment is for the plaintiffs for a money sum to be calculated excluding claims not proved and offset by recovery under the bank guarantee.

Court Disposition

Judgment for the plaintiffs against the defendants for a money sum to be calculated as per reasons, accounting for recovery under bank guarantee.

Orders

  • The parties are to bring in short minutes reflecting this outcome, including any amounts payable for pre-judgment interest.
  • The parties are to draw to the Court's attention any further issues (other than costs) which remain to be determined.