Hanna v Lombardo [2012] NSWADT 163

Hanna v Lombardo [2012] NSWADT 163

Mr Hanna failed to prove to the Tribunal's satisfaction that pre-lease or post-lease oral representations or agreements regarding repairs were made and relied upon such that he was entitled to compensation or set-off under the Retail Leases Act. No sufficient evidence established a loss of sale of business, and the rent arrears claimed by Mr Lombardo were otherwise undisputed and recoverable. The termination of the lease by Mr Lombardo was therefore declared valid, and orders made for payment of outstanding rent.

Parties
Applicant/cross Respondent: Paul Hanna; Respondent/cross Applicant: Domenic Lombardo
Jurisdiction
Australia
Judgment Date
09 August 2012
Procedural Posture
Application/retail Tenancy Dispute / Final Judgment
Outcome
Application dismissed; cross-application succeeded
Legal Topics
Pre Lease Representations, Breach of Lease, Compensation for Breach, Misleading or Deceptive Conduct, Retail Leases
Commercial Law Tenancy Law Pre Lease Representations Breach of Lease Compensation for Breach Misleading or Deceptive Conduct Retail Leases

Case Brief

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Parties

Paul Hanna

Applicant/cross Respondent

Domenic Lombardo

Respondent/cross Applicant

Procedural Posture

Application/retail Tenancy Dispute / Final Judgment

Legal Issues

  1. 1 Whether the applicant is entitled to compensation for pre-lease representations or oral agreements regarding repairs
  2. 2 Whether there was a valid termination of the lease due to non-payment of rent
  3. 3 Whether the applicant is entitled to damages for alleged loss of sale of business

Ratio Decidendi

Mr Hanna failed to prove to the Tribunal's satisfaction that pre-lease or post-lease oral representations or agreements regarding repairs were made and relied upon such that he was entitled to compensation or set-off under the Retail Leases Act. No sufficient evidence established a loss of sale of business, and the rent arrears claimed by Mr Lombardo were otherwise undisputed and recoverable. The termination of the lease by Mr Lombardo was therefore declared valid, and orders made for payment of outstanding rent.

Court Disposition

Application dismissed; cross-application succeeded

Orders

  • The Application in proceedings 115093 is dismissed.
  • The termination of the retail lease agreement between the parties on 27 June 2011 by Domenic Lombardo in respect of premises known as 113 George Street Windsor is declared to be valid.