Zaoud -v- Musico & Anor [2001] NSWADT 58

Zaoud -v- Musico & Anor [2001] NSWADT 58

Damages are payable to the lessee for the loss of goodwill and partial loss of fixtures and fittings caused by the lessor's unjustified failure to consent to the assignment of the retail lease, but not for other losses not directly caused by the failure to consent.

Source-derived case information.

Jurisdiction
Australia
Judgment Date
17 April 2001
Procedural Posture
Claim for Assignment of Rights Under a Lease and Claim for Payment of Money / Determination of Damages Following Earlier Finding of Entitlement
Outcome
The Tribunal ordered the respondent to pay the applicant $10,600 plus interest at the District Court judgment rate from 19 October 1999 to date of order.
Legal Topics
['retail Leases' 'assignment of Lease' 'damages for Withholding Consent']
['property Law' 'commercial Law'] ['retail Leases' 'assignment of Lease' 'damages for Withholding Consent']

Source-derived case record

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Procedural Posture

Claim for Assignment of Rights Under a Lease and Claim for Payment of Money / Determination of Damages Following Earlier Finding of Entitlement

Legal Issues

  1. 1 ["Whether the lessor's failure to consent to assignment entitles the lessee to damages" "Extent of damages recoverable by lessee for lessor's failure to consent"]

Ratio Decidendi

Damages are payable to the lessee for the loss of goodwill and partial loss of fixtures and fittings caused by the lessor's unjustified failure to consent to the assignment of the retail lease, but not for other losses not directly caused by the failure to consent.

Court Disposition

The Tribunal ordered the respondent to pay the applicant $10,600 plus interest at the District Court judgment rate from 19 October 1999 to date of order.

Orders

  • ['Order that the Respondent pay to the Applicant the sum of $10,600 plus interest at the rate for judgments in the District Court from 19 October 1999 to the date of order.']