Dirani v Tarabay & anor [2007] NSWADT 272

Dirani v Tarabay & anor [2007] NSWADT 272

The Respondents remain liable for unpaid rent and damages as assignors of the lease because statutory requirements for assignment and consent were not met, assignment was not properly effected to relieve their liability, and the Deed of Assignment, whether or not signed by the Lessor, reflected their continuing obligations.

Jurisdiction
Australia
Judgment Date
23 November 2007
Procedural Posture
Claim for Payment of Money / Principal Matter Decision on the Papers
Outcome
Orders made for payment of unpaid rent, damages, and interest; directions given for potential costs applications.
Legal Topics
['retail Leases' 'assignment of Lease' 'liability of Assignor After Assignment' 'costs']
['property Law' 'commercial Law'] ['retail Leases' 'assignment of Lease' 'liability of Assignor After Assignment' 'costs']

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Procedural Posture

Claim for Payment of Money / Principal Matter Decision on the Papers

Legal Issues

  1. 1 ["Whether the Respondents (assignors) remain liable for unpaid rent and damages after assigning the lease and after the assignees' holding over" 'Effect of Deed of Consent to Assignment not being signed by Lessor' 'Compliance with statutory requirements under Retail Leases Act 1994']

Ratio Decidendi

The Respondents remain liable for unpaid rent and damages as assignors of the lease because statutory requirements for assignment and consent were not met, assignment was not properly effected to relieve their liability, and the Deed of Assignment, whether or not signed by the Lessor, reflected their continuing obligations.

Court Disposition

Orders made for payment of unpaid rent, damages, and interest; directions given for potential costs applications.

Orders

  • ['Pursuant to section 72(i)(a) the Respondents pay to the Applicant unpaid rent in the sum of $11,048.40, and damages in the sum of $475.58, making a total of $11,523.98 together with interest at the prescribed rate calculated from 25 November 2006.' 'Any application for costs to be made within 14 days, submissions...