Heriot Pty Ltd v Williams [2024] NSWCATCD 35

Heriot Pty Ltd v Williams [2024] NSWCATCD 35

The respondent is liable as guarantor for the lessee's obligations under the lease, and the applicant is entitled to recover unpaid rent (inclusive of GST), damages for lost rent (exclusive of GST), make good and re-leasing costs (exclusive of GST), and interest from the due dates or from the commencement of proceedings, following lessee's repudiatory breach. The applicant satisfied its obligation to mitigate loss by entering into a subsequent lease with a rent-free period as commercially reasonable in the circumstances. Orders for quantification of final interest and costs will follow after the applicant files an affidavit as directed.

Parties
Applicant: Heriot Pty Ltd; Respondent: Andrew Charles Williams
Jurisdiction
Australia
Judgment Date
13 March 2024
Procedural Posture
Application for Order Under Retail Leases Act / Interlocutory Judgment With Orders for Further Affidavit and Reserved Costs
Outcome
Interlocutory orders made in favour of applicant, with final quantification and costs reserved.
Legal Topics
Retail Lease, Damages, Guarantee Liability, Mitigation of Loss, Costs
Commercial Law Property Law Consumer Law Retail Lease Damages Guarantee Liability Mitigation of Loss Costs

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 5 Party arguments 2 Amounts and remedies 7
Sign in to unlock

Parties

Heriot Pty Ltd

Applicant

Andrew Charles Williams

Respondent

Procedural Posture

Application for Order Under Retail Leases Act / Interlocutory Judgment With Orders for Further Affidavit and Reserved Costs

Legal Issues

  1. 1 Whether the respondent is guarantor of lessee's obligations under the lease
  2. 2 Whether the applicant is entitled to recover claimed amounts for unpaid rent, damages, make good and re-leasing costs, and interest under the lease

Ratio Decidendi

The respondent is liable as guarantor for the lessee's obligations under the lease, and the applicant is entitled to recover unpaid rent (inclusive of GST), damages for lost rent (exclusive of GST), make good and re-leasing costs (exclusive of GST), and interest from the due dates or from the commencement of proceedings, following lessee's repudiatory breach. The applicant satisfied its obligation to mitigate loss by entering into a subsequent lease with a rent-free period as commercially reasonable in the circumstances. Orders for quantification of final interest and costs will follow after the applicant files an affidavit as directed.

Court Disposition

Interlocutory orders made in favour of applicant, with final quantification and costs reserved.

Orders

  • Within 7 days, the applicant to file and serve an affidavit calculating interest on the make good, re-leasing and unpaid rent claims at the prescribed rate from commencement of proceedings to 29 January 2024.
  • Final orders to be made on the papers after filing of the affidavit unless the Tribunal is persuaded oral submissions are warranted.