Pynrow Pty Ltd v. Jewels Town Pty Ltd & Ors [1985] FCA 435

Pynrow Pty Limited and individual guarantors, John Wayne Munro and Lee Christine Munro, are liable for unpaid rent for the period when the premises were unoccupied as the lease terms and guarantee require payment regardless of occupation.

Parties: Applicant: Pynrow Pty Limited; First Respondent: Jewells Town Pty Limited; Second Respondent: Retriba Pty Limited; Third Respondent: Jeradot Pty Limited; Fourth Respondent: Graham McCloy; Cross Claimant: Jewells Town Pty Limited; First Cross Respondent: Pynrow Pty Limited; Second Cross Respondent: John Wayne Munro; Third Cross Respondent: Lee Christine Munro
Jurisdiction: Australia
Judgment Date: 16 August 1985
Procedural Posture: Cross Claim / Judgment
Outcome: Judgment for cross claimant
Legal Topics: Commercial Lease, Rent Recovery

Property Law Commercial Lease Rent Recovery

Case Brief

Summary, issues, holding and outcome

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Parties

Pynrow Pty Limited

Applicant

Jewells Town Pty Limited

First Respondent

Retriba Pty Limited

Second Respondent

Jeradot Pty Limited

Third Respondent

Graham McCloy

Fourth Respondent

Jewells Town Pty Limited

Cross Claimant

Pynrow Pty Limited

First Cross Respondent

John Wayne Munro

Second Cross Respondent

Lee Christine Munro

Third Cross Respondent

Procedural Posture

Cross Claim / Judgment

Legal Issues

1 Recovery of unpaid rent under a commercial lease
2 Guarantee obligations of individual guarantors

Ratio Decidendi

Court Disposition

Judgment for cross claimant

Orders

Judgment entered in favour of cross claimant against each cross respondent in the sum of $9,729.54.
Cross respondents to pay the cross claimant’s costs of the Cross Claim.