Robinson v Mistlake Investments Pty Ltd [2019] NSWCATAP 283

Robinson v Mistlake Investments Pty Ltd [2019] NSWCATAP 283

The appellant's argument regarding the bond amount was irrelevant; the substantive issues were whether he was required to make good and to what extent, and he lost on both. Damages awarded were to be deducted from the bond regardless of the total bond paid.

Jurisdiction
Australia
Judgment Date
28 November 2019
Procedural Posture
Appeal / Appeal Dismissed
Outcome
Appeal dismissed
Legal Topics
['retail Lease' 'make Good Provision' 'assessment of Damages']
['leases and Tenancies'] ['retail Lease' 'make Good Provision' 'assessment of Damages']

Case Brief

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Procedural Posture

Appeal / Appeal Dismissed

Legal Issues

  1. 1 ['Whether appellant was required to make good premises at conclusion of tenancy and to what extent' 'Whether Tribunal erred in calculating the bond amount']

Ratio Decidendi

The appellant's argument regarding the bond amount was irrelevant; the substantive issues were whether he was required to make good and to what extent, and he lost on both. Damages awarded were to be deducted from the bond regardless of the total bond paid.

Court Disposition

Appeal dismissed

Orders

  • ['The appeal is dismissed.']