Ninyo Pty Limited v Chepurin [2016] NSWCATCD 50

Ninyo Pty Limited v Chepurin [2016] NSWCATCD 50

Make good obligations under the Lease only apply to works performed during the Lease, not works from prior leases. The works performed under the Initial Lease transferred to the respondent at the expiry of that lease, and the applicant is not required to restore or remove them. The respondent had no right to claim the bank guarantee for such works.

Jurisdiction
Australia
Judgment Date
11 May 2016
Procedural Posture
Application for Original Decision / Final Judgment
Outcome
judgment for applicant
Legal Topics
['make Good Obligations' 'assignment of Lease' 'bank Guarantee' 'restoration of Premises']
['leases' 'property Law' 'commercial Tenancy'] ['make Good Obligations' 'assignment of Lease' 'bank Guarantee' 'restoration of Premises']

Case Brief

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Procedural Posture

Application for Original Decision / Final Judgment

Legal Issues

  1. 1 ['Whether the applicant is obliged to restore the premises or remove fixtures under the Lease upon vacating after assignment.' 'Whether the respondent was entitled to claim the bank guarantee for restoration works.']

Ratio Decidendi

Make good obligations under the Lease only apply to works performed during the Lease, not works from prior leases. The works performed under the Initial Lease transferred to the respondent at the expiry of that lease, and the applicant is not required to restore or remove them. The respondent had no right to claim the bank guarantee for such works.

Court Disposition

judgment for applicant

Orders

  • ['The respondent is ordered to pay to the applicant the sum of $11,038.78 within 7 days of the publication of this Decision.']