Peter Stefanus Sudarma, Edwina Lim Sudarma And Paul William Duggan v Dublin Group Pty Limited and Jenny Banic [2014] NSWCATCD 91

Peter Stefanus Sudarma, Edwina Lim Sudarma And Paul William Duggan v Dublin Group Pty Limited and Jenny Banic [2014] NSWCATCD 91

The applicants validly re-entered and terminated the lease on the ground of non-payment of rent, as the May rent was more than 14 days overdue. The water damage rendered the premises unfit for use until 30 April 2013, so no rent was payable for the period 28 February to 30 April 2013. The respondents were liable to pay rent and outgoings only for the period 1–17 May 2013.

Parties
Applicant: Peter Stefanus Sudarma; Applicant: Edwina Lim Sudarma; Applicant: Paul William Duggan; Respondent: Dublin Group Pty Limited; Respondent: Jenny Banic
Jurisdiction
Australia
Judgment Date
29 May 2014
Procedural Posture
Retail Lease Civil Proceeding / Final Judgment
Outcome
Lease terminated for non-payment of rent; unpaid rent and outgoings ordered; damages claim dismissed; submissions on costs to be lodged by specified dates.
Legal Topics
Retail Leases, Termination of Lease, Re Entry, Arrears of Rent, Landlord and Tenant Responsibilities, Repairs and Maintenance, Guarantee Liability
Property Law Commercial Law Retail Leases Termination of Lease Re Entry Arrears of Rent Landlord and Tenant Responsibilities Repairs and Maintenance +1 more

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Parties

Peter Stefanus Sudarma

Applicant

Edwina Lim Sudarma

Applicant

Paul William Duggan

Applicant

Dublin Group Pty Limited

Respondent

Jenny Banic

Respondent

Procedural Posture

Retail Lease Civil Proceeding / Final Judgment

Legal Issues

  1. 1 Whether the applicants validly re-entered and terminated the retail lease for the respondents' breaches
  2. 2 Whether rent and outgoings are payable by the respondent for the period in question
  3. 3 Whether the applicants are entitled to damages and/or further orders under the lease or statute

Ratio Decidendi

The applicants validly re-entered and terminated the lease on the ground of non-payment of rent, as the May rent was more than 14 days overdue. The water damage rendered the premises unfit for use until 30 April 2013, so no rent was payable for the period 28 February to 30 April 2013. The respondents were liable to pay rent and outgoings only for the period 1–17 May 2013.

Court Disposition

Lease terminated for non-payment of rent; unpaid rent and outgoings ordered; damages claim dismissed; submissions on costs to be lodged by specified dates.

Orders

  • The Tribunal declares that the applicants on about 17 May 2013 validly re-entered their retail shop premises at 215 Oxford Street, Darlinghurst and terminated the retail lease registered number AH345042F of those premises to the first respondent.
  • The respondents must pay to the applicants unpaid rental and outgoings under the lease of $5,628.71.