Becker v Cariste [2001] NSWSC 663

Becker v Cariste [2001] NSWSC 663

Clause 26.15 of the lease obliges the lessee to repair and maintain all plant and equipment necessary for operating the premises as a service station, including the underground tanks and pipes. The lease does not impose that obligation on the lessor, and the covenant for quiet enjoyment does not extend to requiring the lessor to effect repairs to the equipment in question.

Jurisdiction
Australia
Judgment Date
07 August 2001
Procedural Posture
Declaratory and Other Relief by Summons / Final Judgment
Outcome
Plaintiff's summons for declaratory and other relief dismissed
Legal Topics
['lease Interpretation' 'landlord and Tenant Obligations' 'repair and Maintenance Liability' 'quiet Enjoyment']
['contract Law' 'property Law'] ['lease Interpretation' 'landlord and Tenant Obligations' 'repair and Maintenance Liability' 'quiet Enjoyment']

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Procedural Posture

Declaratory and Other Relief by Summons / Final Judgment

Legal Issues

  1. 1 ['Whether the underground tanks and pipes are the responsibility of the lessor or lessee to repair under the lease' 'Whether failure to repair constitutes a breach of the covenant for quiet enjoyment' "Whether the tanks and pipes are 'plant and equipment' for the purposes of repair obligations"]

Ratio Decidendi

Clause 26.15 of the lease obliges the lessee to repair and maintain all plant and equipment necessary for operating the premises as a service station, including the underground tanks and pipes. The lease does not impose that obligation on the lessor, and the covenant for quiet enjoyment does not extend to requiring the lessor to effect repairs to the equipment in question.

Court Disposition

Plaintiff's summons for declaratory and other relief dismissed

Orders

  • ['Summons dismissed' 'Plaintiff not entitled to declarations or other relief' 'Costs to follow the event, subject to further argument']