Armstrong Jones Management Pty Ltd v Saies-Bond & Associates Pty Ltd [2006] NSWADT 323

Armstrong Jones Management Pty Ltd v Saies-Bond & Associates Pty Ltd [2006] NSWADT 323

The Tribunal found that Armstrong Jones's agent made a pre-lease misrepresentation to Saies-Bond that Harvey Norman was a prospective tenant, knowing this to be false, which was materially relied upon by Saies-Bond in entering the lease. This entitled Saies-Bond to compensation under s 10 of the Retail Leases Act 1994 (NSW) for the bank guarantee drawn and release from further liability under the lease. While Armstrong Jones's other conduct was found to be unfair or poor management but fell short of unconscionable conduct except so far as the intentional misrepresentation was concerned. Armstrong Jones's claim for unpaid rent/post-eviction damages was dismissed, and Saies-Bond was awarded...

Jurisdiction
Australia
Judgment Date
13 November 2006
Procedural Posture
Retail Tenancy Dispute / First Instance Tribunal Decision
Outcome
Applicant's (Armstrong Jones Management Pty Ltd) claim dismissed. Respondent (Saies-Bond & Associates Pty Ltd) awarded compensation for misrepresentation.
Legal Topics
['retail Leases' 'misrepresentation' 'unconscionable Conduct' 'contract Damages']
['commercial Law' 'property Law'] ['retail Leases' 'misrepresentation' 'unconscionable Conduct' 'contract Damages']

Case Brief

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Procedural Posture

Retail Tenancy Dispute / First Instance Tribunal Decision

Legal Issues

  1. 1 ['Whether pre-lease misrepresentations by the lessor or its agent entitled the lessee to relief under the Retail Leases Act 1994 (NSW)' "Whether the lessor's conduct was unconscionable under s 62B of the Retail Leases Act 1994 (NSW)" 'Calculation of damages attributable to alleged misrepresentation' 'Extent of liability for unpaid rent, outgoings, and promotional levy post-eviction' 'Whether miscellaneous breaches of the Retail Leases Act entitled the lessee to relief']

Ratio Decidendi

The Tribunal found that Armstrong Jones's agent made a pre-lease misrepresentation to Saies-Bond that Harvey Norman was a prospective tenant, knowing this to be false, which was materially relied upon by Saies-Bond in entering the lease. This entitled Saies-Bond to compensation under s 10 of the Retail Leases Act 1994 (NSW) for the bank guarantee drawn and release from further liability under the lease. While Armstrong Jones's other conduct was found to be unfair or poor management but fell short of unconscionable conduct except so far as the intentional misrepresentation was concerned. Armstrong Jones's claim for unpaid rent/post-eviction damages was dismissed, and Saies-Bond was awarded...

Court Disposition

Applicant's (Armstrong Jones Management Pty Ltd) claim dismissed. Respondent (Saies-Bond & Associates Pty Ltd) awarded compensation for misrepresentation.

Orders

  • ['The Applicant/Cross Respondent is to pay to the Respondent/Cross Applicant the sum of $45,230.54, comprising a principal sum of $40,695 and $4,535.54 for interest charged at 9% from 18 August 2005 to the date of this decision.' "The Applicant/Cross Respondent's application is dismissed." "Any application for costs...