Mrs Top at Neutral Bay Pty Ltd v Tripodina & Tripodina ; Tripodina & Tripodina v Mrs Top at Neutral Bay Pty Ltd and others [2014] NSWCATCD 245

Mrs Top at Neutral Bay Pty Ltd v Tripodina & Tripodina ; Tripodina & Tripodina v Mrs Top at Neutral Bay Pty Ltd and others [2014] NSWCATCD 245

Mrs Top failed to establish landlord responsibility for flood damage or entitlement to rent abatement or compensation; Mr & Mrs Tripodina entitled to arrears of rent, outgoings and interest but not reinstatement costs due to insufficient evidence of premises condition at lease commencement.

Parties
Applicant in COM 14/00683, Respondent in COM 14/00741: Mrs Top at Neutral Bay Pty Ltd; Respondents in COM 14/00683, Applicants in COM 14/00741: Sylvana Tripodina & Christoforo Tripodina; Respondent in COM 14/00741: Christian Stadler; Respondent in COM 14/00741: Anthony Maynard
Jurisdiction
Australia
Judgment Date
19 December 2014
Procedural Posture
Civil Dispute Consumer and Commercial Division / Final Determination at Tribunal
Outcome
Application by Mrs Top dismissed; application by Mr & Mrs Tripodina partially granted
Legal Topics
Retail Leases, Rent Abatement, Compensation Under Lease, Stormwater Damage Responsibility, Costs in Tribunal Proceedings
Commercial Law Landlord and Tenant Retail Leases Rent Abatement Compensation Under Lease Stormwater Damage Responsibility Costs in Tribunal Proceedings

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Parties

Mrs Top at Neutral Bay Pty Ltd

Applicant in COM 14/00683, Respondent in COM 14/00741

Sylvana Tripodina & Christoforo Tripodina

Respondents in COM 14/00683, Applicants in COM 14/00741

Christian Stadler

Respondent in COM 14/00741

Anthony Maynard

Respondent in COM 14/00741

Procedural Posture

Civil Dispute Consumer and Commercial Division / Final Determination at Tribunal

Legal Issues

  1. 1 Whether landlord is responsible for stormwater pipe repairs causing flooding
  2. 2 Entitlement of tenant to rent abatement and compensation
  3. 3 Entitlement of landlord to arrears of rent and reinstatement costs

Ratio Decidendi

Mrs Top failed to establish landlord responsibility for flood damage or entitlement to rent abatement or compensation; Mr & Mrs Tripodina entitled to arrears of rent, outgoings and interest but not reinstatement costs due to insufficient evidence of premises condition at lease commencement.

Court Disposition

Application by Mrs Top dismissed; application by Mr & Mrs Tripodina partially granted

Orders

  • Application by Mrs Top dismissed
  • Mrs Top, Mr Stadler and Mr Maynard to pay $15,136.67 to Mr & Mrs Tripodina