Foodtech Group Pty Ltd v DHK Consolidated Pty Ltd [2013] NSWADT 309

Foodtech Group Pty Ltd v DHK Consolidated Pty Ltd [2013] NSWADT 309

The terms of the lease require the tenant to pay 45% of the outgoings in respect of the land as defined, not only in respect of the demised premises, and clause 4.5 overrides any apportionment for specific consumptions, making the tenant liable for 100% of charges for gas, electricity, water and trade waste services...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
03 December 2013
Procedural Posture
Retail Lease Dispute / Final Decision
Outcome
Application refused and dismissed
Legal Topics
['retail Lease' 'outgoings' "tenant's Liability"]
['commercial Law' 'property Law'] ['retail Lease' 'outgoings' "tenant's Liability"]

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Procedural Posture

Retail Lease Dispute / Final Decision

Legal Issues

  1. 1 ['Whether the tenant was liable for 45% of outgoings in respect of the land or only for outgoings referrable to the leased premises' 'Whether certain charges (water usage, trade waste, grease trap pump out) should be apportioned or paid in full by the tenant']

Ratio Decidendi

The terms of the lease require the tenant to pay 45% of the outgoings in respect of the land as defined, not only in respect of the demised premises, and clause 4.5 overrides any apportionment for specific consumptions, making the tenant liable for 100% of charges for gas, electricity, water and trade waste services used on the premises.

Court Disposition

Application refused and dismissed

Orders

  • ['The application of Foodtech Group Pty Limited filed on 30 September 2013 is refused and dismissed.']