Roads and Maritime Services v Young [2020] NSWSC 529

Roads and Maritime Services v Young [2020] NSWSC 529

The defendant's houseboat was a dwelling constructed on a floating concrete pontoon that fell within the lease provisions concerning lessee's fixtures. After the lease was determined and the plaintiff gave written notice, the defendant failed to remove the houseboat, disconnect services or remove moorings. The plaintiff's removal, deconstruction, disposal, securing and hazardous-material survey expenses were reasonably incurred and recoverable under cl 13 of the lease. The valuation cost was not recoverable because cl 13.3 itself authorised disposal, making reliance on the Uncollected Goods Act 1995 (NSW) unnecessary for the judgment ultimately entered.

Jurisdiction
Australia
Judgment Date
11 May 2020
Procedural Posture
Application by the Plaintiff to Recover Expenses of Removal of Fixtures After Termination of a Lease of Seabed / Consequential Orders Decided on the Papers
Outcome
Judgment for the plaintiff for $143,739.20, with the defendant to pay the plaintiff's costs of the application to recover expenses of removal of fixtures.
Legal Topics
['lease of Seabed' 'removal of Houseboat' "lessee's Fixtures" 'recovery of Removal Costs' 'uncollected Goods']
['land Law' 'leases and Tenancies'] ['lease of Seabed' 'removal of Houseboat' "lessee's Fixtures" 'recovery of Removal Costs' 'uncollected Goods']

Case Brief

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Procedural Posture

Application by the Plaintiff to Recover Expenses of Removal of Fixtures After Termination of a Lease of Seabed / Consequential Orders Decided on the Papers

Legal Issues

  1. 1 ["Whether the defendant was liable under cl 13 of the lease to pay the plaintiff's costs and expenses incurred in removing the houseboat, pontoon, moorings and related fixtures from the leased seabed." "Whether the plaintiff could recover the cost of obtaining Mr Lambert's valuation report commissioned for the purposes of the Uncollected Goods Act 1995 (NSW)." "Whether the defendant should receive a further extension of time to file material responding to the plaintiff's application."]

Ratio Decidendi

The defendant's houseboat was a dwelling constructed on a floating concrete pontoon that fell within the lease provisions concerning lessee's fixtures. After the lease was determined and the plaintiff gave written notice, the defendant failed to remove the houseboat, disconnect services or remove moorings. The plaintiff's removal, deconstruction, disposal, securing and hazardous-material survey expenses were reasonably incurred and recoverable under cl 13 of the lease. The valuation cost was not recoverable because cl 13.3 itself authorised disposal, making reliance on the Uncollected Goods Act 1995 (NSW) unnecessary for the judgment ultimately entered.

Court Disposition

Judgment for the plaintiff for $143,739.20, with the defendant to pay the plaintiff's costs of the application to recover expenses of removal of fixtures.

Orders

  • ['Judgment for the plaintiff for $143,739.20.' "The defendant is to pay the plaintiff's costs of the application to recover expenses of removal of fixtures."]