B M & J A Holdings Pty Ltd v Clarence Street Developments Pty Ltd [2012] NSWSC 1236

B M & J A Holdings Pty Ltd v Clarence Street Developments Pty Ltd [2012] NSWSC 1236

The amount recoverable from the former lessee comprises outstanding rent for the period of occupation less an abatement of 40% for flooding, and damages for loss beyond that period limited to six months, both reduced by sums already received by the lessor for subtenant payments. No recovery for set-offs related to detained goods is allowed due to lack of evidence.

Jurisdiction
Australia
Judgment Date
15 October 2012
Procedural Posture
Cross Claim in Landlord and Tenant Dispute / Assessment of Quantum and Related Issues Referred Following Earlier Judgment
Outcome
Amounts recoverable determined; parties to be heard on costs and form of orders.
Legal Topics
['rent Abatement' 'damages' 'mitigation of Loss' 'set Offs for Lessee']
['landlord and Tenant' 'equity'] ['rent Abatement' 'damages' 'mitigation of Loss' 'set Offs for Lessee']

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Procedural Posture

Cross Claim in Landlord and Tenant Dispute / Assessment of Quantum and Related Issues Referred Following Earlier Judgment

Legal Issues

  1. 1 ['Period of possession of premises by lessee' 'Quantum of rent due less abatement' 'Damages due to breach of lease' 'Mitigation of loss by lessor' "Set-offs for alleged detention of lessee's goods" 'Abatement of rent due to flooding under lease and s 84 of Conveyancing Act 1919']

Ratio Decidendi

The amount recoverable from the former lessee comprises outstanding rent for the period of occupation less an abatement of 40% for flooding, and damages for loss beyond that period limited to six months, both reduced by sums already received by the lessor for subtenant payments. No recovery for set-offs related to detained goods is allowed due to lack of evidence.

Court Disposition

Amounts recoverable determined; parties to be heard on costs and form of orders.

Orders

  • ['Rent less abatement: $16,877.48 recoverable' 'Damages: $14,475 recoverable' 'Total recoverable: $31,352.48' 'Parties to be heard as to costs and whether orders should be made by Associate Justice Macready or referred to Rein J']