Perrin v Hungay Pty Ltd [2005] NSWADT 257

Perrin v Hungay Pty Ltd [2005] NSWADT 257

The respondent's failure to reasonably address the ongoing water leakage problem and repair the premises entitled the applicant to relief from payment of rent for the period during which the business was significantly disrupted, but the applicant did not prove entitlement to other compensation for alleged loss of...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
16 November 2005
Procedural Posture
Claim for Payment of Money Claim for Relief From Payment of Money / Principal Matter Decision
Outcome
Orders for relief from payment of rent; no order as to costs in absence of written submissions.
Legal Topics
['compensation for Failure to Repair Premises' 'relief From Payment of Rent' 'lease Obligations' 'adverse Effect on Business' 'retail Leases Act 1994']
['retail Leases'] ['compensation for Failure to Repair Premises' 'relief From Payment of Rent' 'lease Obligations' 'adverse Effect on Business' 'retail Leases Act 1994']

Source-derived case record

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Procedural Posture

Claim for Payment of Money Claim for Relief From Payment of Money / Principal Matter Decision

Legal Issues

  1. 1 ['Whether the respondent failed to take all reasonable steps to prevent or stop water leaking into the premises' "Whether the applicant suffered compensable loss as a result of the respondent's failure to repair the premises" "Whether the applicant should be relieved from payment of rent owing in respect of unusable premises due to respondent's breach"]

Ratio Decidendi

The respondent's failure to reasonably address the ongoing water leakage problem and repair the premises entitled the applicant to relief from payment of rent for the period during which the business was significantly disrupted, but the applicant did not prove entitlement to other compensation for alleged loss of business.

Court Disposition

Orders for relief from payment of rent; no order as to costs in absence of written submissions.

Orders

  • ['The Respondent is not entitled to recover any amount of money from the Applicant as due or owing in respect of the lease of the premises.' 'If either party wishes to make any submission as to costs, such submissions must be in writing and filed within 14 days with the other party to file any written submissions in...