Medi-Aid Centre Foundation Ltd v Joys Child Care Ltd (No 2) [2019] NSWSC 1105

Medi-Aid Centre Foundation Ltd v Joys Child Care Ltd (No 2) [2019] NSWSC 1105

The plaintiff was entitled to possession, rent arrears, and mesne profits as the defendant breached essential lease terms, remained in unlawful occupation, and mesne profits should be calculated at market rent based on Mr Khoury’s evidence. Defendant’s safety arguments did not justify reopening or reduction, nor was...

Source-derived case information.

Parties
Plaintiff: Medi-Aid Centre Foundation Ltd; Defendant: Joys Child Care Ltd
Jurisdiction
Australia
Judgment Date
27 August 2019
Procedural Posture
Civil / Post Trial Judgment With Further Quantification of Mesne Profits and Final Orders
Outcome
Judgment for plaintiff; possession granted; mesne profits awarded; costs to plaintiff; cross-claim refused.
Legal Topics
Possession of Land, Mesne Profits, Breach of Lease, Damages, Costs, Reopening of Proceedings
Property Law Contract Law Procedural Law Possession of Land Mesne Profits Breach of Lease Damages Costs +1 more

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Parties

Medi-Aid Centre Foundation Ltd

Plaintiff

Joys Child Care Ltd

Defendant

Procedural Posture

Civil / Post Trial Judgment With Further Quantification of Mesne Profits and Final Orders

Legal Issues

  1. 1 Whether the plaintiff is entitled to possession of the premises
  2. 2 Whether the defendant breached the lease by failing to pay rent and by other conduct
  3. 3 Proper calculation and entitlement to mesne profits

Ratio Decidendi

The plaintiff was entitled to possession, rent arrears, and mesne profits as the defendant breached essential lease terms, remained in unlawful occupation, and mesne profits should be calculated at market rent based on Mr Khoury’s evidence. Defendant’s safety arguments did not justify reopening or reduction, nor was its cross-claim substantiated.

Court Disposition

Judgment for plaintiff; possession granted; mesne profits awarded; costs to plaintiff; cross-claim refused.

Orders

  • Plaintiff to bring in short minutes of order reflecting judgment within 7 days.
  • Mesne profits awarded to plaintiff for period 24 March 2017 to 7 March 2018 calculated at $369,985 per annum inclusive of GST, totaling $354,071.63.