Pittwater Marinas Pty Ltd v Blue Pearl (NSW) Pty Ltd & Ors [2022] NSWDC 289

Pittwater Marinas Pty Ltd v Blue Pearl (NSW) Pty Ltd & Ors [2022] NSWDC 289

The plaintiff succeeded only on the claim for unpaid rent and outgoings up to 26 January 2021 because (1) the tenancy validly ended on that date with appropriate notice, (2) subsequent access was only for repair work directed by the landlord, not occupation, and (3) the claims for the cost of replacing stained tiles and for repairs to the timber wall failed because the staining did not constitute 'structural damage' as required by the lease and, in any event, was found to be fair wear and tear.

Parties
Plaintiff: Pittwater Marinas Pty Ltd; First Defendant: Blue Pearl (NSW) Pty Ltd; Second Defendant: Prempricha Pam Pamornniyon; Third Defendant: Shaochen Wang
Jurisdiction
Australia
Judgment Date
26 July 2022
Procedural Posture
Civil / Principal Judgment; Post Hearing Decision
Outcome
Judgment for the plaintiff in part (rent/outgoings); repair claim dismissed; costs reserved
Legal Topics
Construction of Lease, Meaning of Structural Damage, Meaning of Fair Wear and Tear, Reimbursement Under Lease, Tenant's Obligations After Termination, Damages for Repairs, Rent and Outgoings
Contracts Leases Construction of Lease Meaning of Structural Damage Meaning of Fair Wear and Tear Reimbursement Under Lease Tenant's Obligations After Termination Damages for Repairs +1 more

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Parties

Pittwater Marinas Pty Ltd

Plaintiff

Blue Pearl (NSW) Pty Ltd

First Defendant

Prempricha Pam Pamornniyon

Second Defendant

Shaochen Wang

Third Defendant

Procedural Posture

Civil / Principal Judgment; Post Hearing Decision

Legal Issues

  1. 1 Meaning of 'structural damage' under the sub-lease
  2. 2 Meaning and application of 'fair wear and tear' in the context of tile staining and timber wall
  3. 3 Whether the landlord is entitled to reimbursement for repair costs not yet incurred

Ratio Decidendi

The plaintiff succeeded only on the claim for unpaid rent and outgoings up to 26 January 2021 because (1) the tenancy validly ended on that date with appropriate notice, (2) subsequent access was only for repair work directed by the landlord, not occupation, and (3) the claims for the cost of replacing stained tiles and for repairs to the timber wall failed because the staining did not constitute 'structural damage' as required by the lease and, in any event, was found to be fair wear and tear.

Court Disposition

Judgment for the plaintiff in part (rent/outgoings); repair claim dismissed; costs reserved

Orders

  • Judgment for the plaintiff against the first, second and third defendants for $4,864.30.
  • Reserve the costs of the proceedings for later determination.