FJL Pty Ltd trading as Wyoming Caravan Park and James Louizos v Munday [2013] NSWADT 117

FJL Pty Ltd trading as Wyoming Caravan Park and James Louizos v Munday [2013] NSWADT 117

The lease clearly named and was executed by James Louizos as landlord, not the company, and the respondents breached their lease obligations by failing to pay rent and utility charges and by failing to repair and leave the premises clean and tidy. The proven losses attributable to those breaches totalled $25,655.14, payable to the second applicant only; the first applicant's claim was dismissed.

Jurisdiction
Australia
Judgment Date
29 May 2013
Procedural Posture
Retail Shop Lease Damages Application / Hearing of Amended Application; Principal Judgment
Outcome
Respondents ordered to pay damages to the second applicant; application dismissed as to the first applicant.
Legal Topics
['retail Shop Lease' 'non Payment of Rent' 'utility Charges' 'repairs and Maintenance' 'clean and Tidy Premises' 'identity of Lessor']
['retail Leases' 'contract Law' 'damages'] ['retail Shop Lease' 'non Payment of Rent' 'utility Charges' 'repairs and Maintenance' 'clean and Tidy Premises' 'identity of Lessor']

Case Brief

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Procedural Posture

Retail Shop Lease Damages Application / Hearing of Amended Application; Principal Judgment

Legal Issues

  1. 1 ['Whether the lessor under the lease was the first applicant company or the second applicant James Louizos.' 'Whether the respondent lessees breached obligations to pay rent and utility charges.' 'Whether the respondent lessees breached obligations to repair the premises and leave them clean and tidy.' "What damages were established by the evidence as attributable to the lessees' breaches of the lease."]

Ratio Decidendi

The lease clearly named and was executed by James Louizos as landlord, not the company, and the respondents breached their lease obligations by failing to pay rent and utility charges and by failing to repair and leave the premises clean and tidy. The proven losses attributable to those breaches totalled $25,655.14, payable to the second applicant only; the first applicant's claim was dismissed.

Court Disposition

Respondents ordered to pay damages to the second applicant; application dismissed as to the first applicant.

Orders

  • ['The Respondent must pay to the second Applicant James Louizos damages of $25,655.14;' 'The application, so far as it relates to the first applicant, is refused and dismissed.']