Kritikos v Iron Duke Hotel [2012] NSWSC 1031

Kritikos v Iron Duke Hotel [2012] NSWSC 1031

The lessee's repeated and substantial breaches of the Deed and lease, including failure to provide a bank guarantee, pay amounts due, pay rent and outgoings, comply with authority requirements, provide turnover statements, pay poker machine use fees, and carry out required works, cumulatively amounted to...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
29 August 2012
Procedural Posture
Landlord and Tenant Proceedings Concerning Breach of Lease, Termination, Debt or Damages, and Guarantor Liability / Hearing; Ex Tempore Principal Judgment
Outcome
Lease declared validly terminated; judgment entered for the plaintiff against each defendant in the sum of $442,336.90; defendants ordered to pay costs.
Legal Topics
['retail and Commercial Tenancies' 'breach of Lease' 'repudiation' 'termination of Lease' 're Entry' 'guarantee and Indemnity' 'debt or Damages' 'costs']
['landlord and Tenant' 'contract Law' 'equity'] ['retail and Commercial Tenancies' 'breach of Lease' 'repudiation' 'termination of Lease' 're Entry' 'guarantee and Indemnity' 'debt or Damages' 'costs']

Source-derived case record

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 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Landlord and Tenant Proceedings Concerning Breach of Lease, Termination, Debt or Damages, and Guarantor Liability / Hearing; Ex Tempore Principal Judgment

Legal Issues

  1. 1 ['Whether the first defendant breached provisions of the Deed of Agreement for Lease and the lease.' 'Whether the breaches entitled the plaintiff to treat the lease as repudiated, re-enter, and terminate the lease.' 'Whether s 129 of the Conveyancing Act 1919 (NSW) needed to be considered.' 'Whether the second and third defendants were liable as guarantors.' 'The amount payable to the plaintiff by way of debt or damages and interest.']

Ratio Decidendi

The lessee's repeated and substantial breaches of the Deed and lease, including failure to provide a bank guarantee, pay amounts due, pay rent and outgoings, comply with authority requirements, provide turnover statements, pay poker machine use fees, and carry out required works, cumulatively amounted to repudiation. The plaintiff validly accepted that repudiation by re-entering and terminating the lease, and the guarantors were liable under their guarantee and indemnity obligations. The plaintiff was therefore entitled to a declaration, judgment for $442,336.90 inclusive of interest, and costs.

Court Disposition

Lease declared validly terminated; judgment entered for the plaintiff against each defendant in the sum of $442,336.90; defendants ordered to pay costs.

Orders

  • ['Declare that the plaintiff has validly terminated the lease of the Iron Duke Hotel made between it as lessor and the first defendant as lessee on 25 June 2010.' 'Direct entry of judgment for the plaintiff against each defendant in the sum of $442,336.90.' "Order the defendants to pay the plaintiff's costs."...