Cihan v Border Hotels No 2 Pty Ltd [2016] NSWSC 1592

Cihan v Border Hotels No 2 Pty Ltd [2016] NSWSC 1592

Border Hotels repudiated the contract by failing to pay the deposit; plaintiffs accepted repudiation by retaking possession. Plaintiffs entitled to 10% deposit and one month's rent less amounts already received. No agreement for extended occupation terms was found. Damages for loss of bargain or mesne profits not claimed nor proved.

Jurisdiction
Australia
Judgment Date
11 November 2016
Procedural Posture
Principal Judgment / Final Judgment
Outcome
Judgment for the second plaintiff against the first defendant; claims against second and third defendants dismissed; cross-claim dismissed.
Legal Topics
['contract for Sale of Business' 'lease of Premises' 'repudiation' 'misleading or Deceptive Conduct' 'damages' 'retail Shop Lease']
['contract' 'equity'] ['contract for Sale of Business' 'lease of Premises' 'repudiation' 'misleading or Deceptive Conduct' 'damages' 'retail Shop Lease']

Case Brief

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Procedural Posture

Principal Judgment / Final Judgment

Legal Issues

  1. 1 ['Whether defendants were entitled to damages for loss of possession' 'Whether plaintiffs agreed to permit defendants to retain possession on payment of a weekly sum' 'Whether plaintiffs entitled to contract measure of damages and rent' 'Whether defendants repudiated the agreement by failing to pay deposit' 'Whether agreement for sale and lease was terminated when plaintiffs accepted repudiation']

Ratio Decidendi

Border Hotels repudiated the contract by failing to pay the deposit; plaintiffs accepted repudiation by retaking possession. Plaintiffs entitled to 10% deposit and one month's rent less amounts already received. No agreement for extended occupation terms was found. Damages for loss of bargain or mesne profits not claimed nor proved.

Court Disposition

Judgment for the second plaintiff against the first defendant; claims against second and third defendants dismissed; cross-claim dismissed.

Orders

  • ['Judgment for the second plaintiff against the first defendant in the sum of $24,498.' "Plaintiffs' claims against the second and third defendants be dismissed." 'Cross-claim be dismissed.']