Inndeavor Apartment Wolli Creek Pty Ltd v Maroun Pty Ltd [2024] NSWCA 237

Inndeavor Apartment Wolli Creek Pty Ltd v Maroun Pty Ltd [2024] NSWCA 237

The Handover Agreement did not release Inndeavor from its obligations to pay the outstanding Rental Arrears under the Leases. The word 'arrears' referred to the amount actually owing under the Leases, not the amount owing under the Rent Reduction Arrangements. Inndeavor did not prove that $45,142.86 was the figure owing under the Rent Reduction Arrangements. TQM was not a party to the Handover Agreement, and Inndeavor was not permitted to raise joint entitlement or other new arguments on appeal that were not pleaded or argued at first instance. Accordingly, the appeal was dismissed.

Parties
First Appellant: Inndeavor Apartment Wolli Creek Pty Ltd; Second Appellant: Future Pacific Realty Pty Ltd; First Respondent: Maroun Pty Ltd; Second Respondent: TQM Design & Construct Pty Ltd
Jurisdiction
Australia
Judgment Date
30 September 2024
Procedural Posture
Appeal / Judgment
Outcome
appeal dismissed
Legal Topics
Construction of Contract Terms, Accord and Satisfaction, Appeal Procedure, Leasing Arrangements
Contract Law Construction of Contract Terms Accord and Satisfaction Appeal Procedure Leasing Arrangements

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Parties

Inndeavor Apartment Wolli Creek Pty Ltd

First Appellant

Future Pacific Realty Pty Ltd

Second Appellant

Maroun Pty Ltd

First Respondent

TQM Design & Construct Pty Ltd

Second Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether the term 'arrears' in the Handover Agreement refers to the amount owing under the Leases or Rent Reduction Arrangements
  2. 2 Whether Inndeavor proved the amount owing under Rent Reduction Arrangements was $45,142.86
  3. 3 Whether TQM was a party to the Handover Agreement

Ratio Decidendi

The Handover Agreement did not release Inndeavor from its obligations to pay the outstanding Rental Arrears under the Leases. The word 'arrears' referred to the amount actually owing under the Leases, not the amount owing under the Rent Reduction Arrangements. Inndeavor did not prove that $45,142.86 was the figure owing under the Rent Reduction Arrangements. TQM was not a party to the Handover Agreement, and Inndeavor was not permitted to raise joint entitlement or other new arguments on appeal that were not pleaded or argued at first instance. Accordingly, the appeal was dismissed.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed.
  • Appellants to pay the respondents' costs of the appeal.