Bonzalie v Ersoy [2010] NSWADT 81

Bonzalie v Ersoy [2010] NSWADT 81

Because GIO Insurance Ltd had indemnified the Lessor for the repair costs, the Lessor could not recover again for the same loss and did not have authority or standing to maintain the claim on GIO's behalf. The lock-out on 15 January 2010 was premature because 14 days had not expired after the rent due date of 1 January 2010, so the locksmith charges incurred in that unjustified lock-out were not recoverable from the Lessees. The application therefore failed.

Jurisdiction
Australia
Judgment Date
24 March 2010
Procedural Posture
Application Concerning Termination of Lease and Monetary Claims for Repair Costs and Locksmith Charges / Final Decision After Hearing
Outcome
The Application is dismissed.
Legal Topics
['termination of Lease' 're Entry and Lock Out' 'subrogation' 'double Indemnity' 'standing to Recover Insured Loss' 'costs Submissions']
['leases and Tenancy' 'insurance' 'civil Procedure'] ['termination of Lease' 're Entry and Lock Out' 'subrogation' 'double Indemnity' 'standing to Recover Insured Loss' 'costs Submissions']

Case Brief

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Procedural Posture

Application Concerning Termination of Lease and Monetary Claims for Repair Costs and Locksmith Charges / Final Decision After Hearing

Legal Issues

  1. 1 ['Whether the Lessor was entitled to recover repair costs from the Lessees after GIO Insurance Ltd had indemnified him for those costs.' 'Whether the Lessor had authority or standing to seek payment on behalf of GIO Insurance Ltd.' 'Whether the Lessor was entitled to recover locksmith charges incurred when he changed the locks on 15 January 2010.' 'Whether the lock-out and purported termination on 15 January 2010 were justified under clause 26.1 of the lease.']

Ratio Decidendi

Because GIO Insurance Ltd had indemnified the Lessor for the repair costs, the Lessor could not recover again for the same loss and did not have authority or standing to maintain the claim on GIO's behalf. The lock-out on 15 January 2010 was premature because 14 days had not expired after the rent due date of 1 January 2010, so the locksmith charges incurred in that unjustified lock-out were not recoverable from the Lessees. The application therefore failed.

Court Disposition

The Application is dismissed.

Orders

  • ['The Application is dismissed.' 'Unless either party files written submissions as to costs within 14 days, there will be no order as to costs. If either party does file written submissions within 14 days, a copy of such submissions is to be served upon the party before or at the same time as filing, and the other...