Mortlake Developments v L & L Darcy Services [2009] NSWSC 793

Mortlake Developments v L & L Darcy Services [2009] NSWSC 793

The plaintiff is entitled to judgment for arrears of rent, cost of making good the land, and reasonable loss of use for the period required for remediation, together with interest and indemnity costs, as the first defendant breached its obligations under the lease and failed to appear to defend the proceedings.

Parties
Plaintiff: Mortlake Developments Pty Ltd; First Defendant: L & L D'Arcy Services P/L; Second Defendant: Leslie John D'Arcy; Third Defendant: Lesley Anne D'Arcy
Jurisdiction
Australia
Judgment Date
07 August 2009
Procedural Posture
Contract Claim / Judgment on Default (uncontested)
Outcome
Judgment for the plaintiff against the first defendant as to arrears of rent, remediation costs, loss of use, and indemnity costs. Short minutes of order to be brought in for final orders.
Legal Topics
Lease, Damages (arrears of Rent, Loss of Rent, Remediation), Mitigation of Loss
Contracts Lease Damages (arrears of Rent, Loss of Rent, Remediation) Mitigation of Loss

Case Brief

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Parties

Mortlake Developments Pty Ltd

Plaintiff

L & L D'Arcy Services P/L

First Defendant

Leslie John D'Arcy

Second Defendant

Lesley Anne D'Arcy

Third Defendant

Procedural Posture

Contract Claim / Judgment on Default (uncontested)

Legal Issues

  1. 1 Whether the first defendant failed to pay rent due under the lease.
  2. 2 Whether the first defendant failed to remediate the leased property as required under the lease.
  3. 3 Whether the plaintiff is entitled to damages for arrears of rent, loss of use, cost of remediation, and indemnity costs.

Ratio Decidendi

The plaintiff is entitled to judgment for arrears of rent, cost of making good the land, and reasonable loss of use for the period required for remediation, together with interest and indemnity costs, as the first defendant breached its obligations under the lease and failed to appear to defend the proceedings.

Court Disposition

Judgment for the plaintiff against the first defendant as to arrears of rent, remediation costs, loss of use, and indemnity costs. Short minutes of order to be brought in for final orders.

Orders

  • Judgment for arrears of rent of $17,293.05.
  • Judgment for cost of remediation in the sum of $766,260.