Evans and Ors -v- Coughlin [2001] NSWADT 38

Evans and Ors -v- Coughlin [2001] NSWADT 38

Further damages were assessed at three months rent and outgoings ($4,105), reflecting limited efforts to mitigate loss by reletting premises.

Jurisdiction
Australia
Judgment Date
12 March 2001
Procedural Posture
Claim for Payment of Money / Determination of Further Damages
Outcome
Respondent ordered to pay further damages for invalid termination of lease.
Legal Topics
['retail Leasing' 'damages' 'mitigation of Loss']
['commercial Law'] ['retail Leasing' 'damages' 'mitigation of Loss']

Case Brief

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Procedural Posture

Claim for Payment of Money / Determination of Further Damages

Legal Issues

  1. 1 ['assessment of further damages for invalid lease termination' 'mitigation of loss by lessors']

Ratio Decidendi

Further damages were assessed at three months rent and outgoings ($4,105), reflecting limited efforts to mitigate loss by reletting premises.

Court Disposition

Respondent ordered to pay further damages for invalid termination of lease.

Orders

  • ['The Respondent to pay $4,105 to the Applicants as further damages for invalid termination of the lease.']