Gorgas v Soon Ok Hwang (No 2) [2010] NSWSC 1406

Gorgas v Soon Ok Hwang (No 2) [2010] NSWSC 1406

Mr Gorgas remained in occupation pursuant to the continuing Residential Tenancy Agreement as varied by the parties' 8 May 2008 agreement, not pursuant to clause 18 of the Contract for Sale. He was therefore liable for rent, including increases permitted by that agreement, and no abatement could be allowed because no supporting evidence was adduced.

Jurisdiction
Australia
Judgment Date
25 November 2010
Procedural Posture
Landlord and Tenant; Claim for Return of Deposit Under Contract for Sale and Cross Claim for Unpaid Rent / Consequential Orders; Ex Tempore Judgment
Outcome
Judgment for the Plaintiff for return of deposit under Contract for Sale; judgment for Defendant/Cross Claimant for outstanding rent. Final orders were to be made when the parties agreed calculations for the deposit, interest, outstanding rent and interest.
Legal Topics
['recoverability of Unpaid Rent Under Tenancy Agreement' 'return of Deposit Under Contract for Sale' 'continued Occupation After Abandoned Contract for Sale' 'abatement of Rent' 'consumer Trader and Tenancy Tribunal Consent Orders']
['landlord and Tenant' 'property Law' 'contract Law'] ['recoverability of Unpaid Rent Under Tenancy Agreement' 'return of Deposit Under Contract for Sale' 'continued Occupation After Abandoned Contract for Sale' 'abatement of Rent' 'consumer Trader and Tenancy Tribunal Consent Orders']

Case Brief

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Procedural Posture

Landlord and Tenant; Claim for Return of Deposit Under Contract for Sale and Cross Claim for Unpaid Rent / Consequential Orders; Ex Tempore Judgment

Legal Issues

  1. 1 ['Whether Mr Gorgas was liable on the Cross Claim for unpaid rent in respect of his occupation of the premises.' 'If rent was recoverable, what amount should be entered as judgment.' "Whether clause 18 of the Contract for Sale applied to Mr Gorgas' occupation of the premises." 'Whether rent payable under the continuing Residential Tenancy Agreement should be abated because of unrepaired water damage.']

Ratio Decidendi

Mr Gorgas remained in occupation pursuant to the continuing Residential Tenancy Agreement as varied by the parties' 8 May 2008 agreement, not pursuant to clause 18 of the Contract for Sale. He was therefore liable for rent, including increases permitted by that agreement, and no abatement could be allowed because no supporting evidence was adduced.

Court Disposition

Judgment for the Plaintiff for return of deposit under Contract for Sale; judgment for Defendant/Cross Claimant for outstanding rent. Final orders were to be made when the parties agreed calculations for the deposit, interest, outstanding rent and interest.

Orders

  • ['Judgment for the Plaintiff for return of deposit under Contract for Sale.' 'Judgment for Defendant/Cross Claimant for outstanding rent.' 'Final orders disposing of the matter to be made when calculations are agreed.']