Redmond v Wilvelle Pty Ltd [2009] NSWADT 45

Redmond v Wilvelle Pty Ltd [2009] NSWADT 45

Applicant cannot recover cleaning expenses from respondent as she was not a party to the prior lease nor entitled to the security bond; there was no misrepresentation that induced the lease, and no clear authority for the person she spoke to, nor certainty as to what expenses related to the premises versus equipment.

Parties
Applicant: Deborah Justine Redmond; Respondent: Wilvelle Pty Ltd
Jurisdiction
Australia
Judgment Date
02 March 2009
Procedural Posture
Retail Lease Dispute / Final Decision
Outcome
application dismissed
Legal Topics
Cleaning Expenses, Security Bond, Pre Lease Misrepresentation
Retail Leases Cleaning Expenses Security Bond Pre Lease Misrepresentation

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Parties

Deborah Justine Redmond

Applicant

Wilvelle Pty Ltd

Respondent

Procedural Posture

Retail Lease Dispute / Final Decision

Legal Issues

  1. 1 Whether applicant is entitled to reimbursement of cleaning expenses from respondent
  2. 2 Whether applicant can claim security bond under previous lease
  3. 3 Whether respondent liable for pre-lease misrepresentation

Ratio Decidendi

Applicant cannot recover cleaning expenses from respondent as she was not a party to the prior lease nor entitled to the security bond; there was no misrepresentation that induced the lease, and no clear authority for the person she spoke to, nor certainty as to what expenses related to the premises versus equipment.

Court Disposition

application dismissed

Orders

  • The application is dismissed.
  • Any application for costs in these proceedings must be filed and served, with supporting submissions, within 28 days of the date of this decision. The opposing party must file and serve submissions in reply within a further 28 days. Unless reasons are advanced for a hearing to be conducted, the issue of costs is to...