Cardno ITC Pty Ltd v 33 York Street Pty Ltd [2013] NSWDC 312

Cardno ITC Pty Ltd v 33 York Street Pty Ltd [2013] NSWDC 312

There was a concluded agreement between Cardno and York to abate the rent by two months amortised over the lease term due to delayed possession, supported by conduct and consideration; Cardno paid all lease payments as agreed and invoiced. The lease ended properly upon notice, so no further rent or lost profit damages were due to York after termination. York was only entitled to make good costs, less amounts already paid, requiring it to repay the balance of the bank guarantee with interest.

Parties
Plaintiff/cross Defendant: Cardno ITC Pty Ltd ACN 084 093 050; Defendant/cross Claimant: 33 York Street Pty Ltd ACN 104 386 889
Jurisdiction
Australia
Judgment Date
25 November 2013
Procedural Posture
Civil / Principal Judgment at Trial
Outcome
Judgment for the plaintiff
Legal Topics
Lease, Rent Abatement, Make Good Obligations, Exclusive Possession, Consideration, Termination of Lease, Damages
Property Law Contracts Commercial Law Lease Rent Abatement Make Good Obligations Exclusive Possession Consideration +2 more

Case Brief

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Parties

Cardno ITC Pty Ltd ACN 084 093 050

Plaintiff/cross Defendant

33 York Street Pty Ltd ACN 104 386 889

Defendant/cross Claimant

Procedural Posture

Civil / Principal Judgment at Trial

Legal Issues

  1. 1 Whether the plaintiff was entitled to a reduction in rent for late provision of exclusive occupation
  2. 2 Whether the defendant was entitled to call on the bank guarantee and claim unpaid rent and make good costs
  3. 3 Whether relinquishing the right to sue constituted good consideration for the rent reduction

Ratio Decidendi

There was a concluded agreement between Cardno and York to abate the rent by two months amortised over the lease term due to delayed possession, supported by conduct and consideration; Cardno paid all lease payments as agreed and invoiced. The lease ended properly upon notice, so no further rent or lost profit damages were due to York after termination. York was only entitled to make good costs, less amounts already paid, requiring it to repay the balance of the bank guarantee with interest.

Court Disposition

Judgment for the plaintiff

Orders

  • Judgment for the plaintiff in the sum of $34,042.68.
  • Cross-claim otherwise dismissed.