Raymond v Emancee Pty Limited [2009] NSWADT 33

Raymond v Emancee Pty Limited [2009] NSWADT 33

The applicant did not provide sufficient evidence to substantiate claims of breach by the respondent or disturbance under section 34, while the respondent demonstrated compliance with obligations and entitlement to unpaid rent due to applicant's early vacation and inability to relet immediately. Thus, the bond is to be released to the respondent and the applicant is liable for outstanding rent.

Jurisdiction
Australia
Judgment Date
18 February 2009
Procedural Posture
Application / Decision
Outcome
application refused; orders made in favour of respondent
Legal Topics
['return of Bond' 'unpaid Rent' 'maintenance Obligations']
['retail Leasing'] ['return of Bond' 'unpaid Rent' 'maintenance Obligations']

Case Brief

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Procedural Posture

Application / Decision

Legal Issues

  1. 1 ['Whether the applicant is entitled to the return of the bond' 'Whether the applicant is liable for unpaid rent following vacation of the premises' 'Whether the respondent failed in obligations regarding graffiti removal, signage, access and repair']

Ratio Decidendi

The applicant did not provide sufficient evidence to substantiate claims of breach by the respondent or disturbance under section 34, while the respondent demonstrated compliance with obligations and entitlement to unpaid rent due to applicant's early vacation and inability to relet immediately. Thus, the bond is to be released to the respondent and the applicant is liable for outstanding rent.

Court Disposition

application refused; orders made in favour of respondent

Orders

  • ['The application for the return of the Bond is refused. The Bond is to be released to Emancee Pty Limited' 'The applicant is to pay the outstanding rent in the sum of $11,596.10' 'Orders in application 085032 to be Orders in application 085097']