Putri Kenanga Pty Ltd v Pham [2009] NSWADT 301

Putri Kenanga Pty Ltd v Pham [2009] NSWADT 301

The Lease was lawfully terminated by the respondents for default in payment of rent exceeding seven days after the due date, with no waiver established. Only the named lessee, Andre Japardi, had standing as applicant. Unconscionable conduct was found in the aggressive and intimidating manner of the respondents' agents during eviction, but damages were awarded only for loss of perishable food. Claims for misleading or deceptive conduct and broader damages failed.

Jurisdiction
Australia
Judgment Date
04 December 2009
Procedural Posture
Retail Tenancy Dispute / Final Decision
Outcome
relief granted in part
Legal Topics
['termination for Non Payment of Rent' 'unconscionable Conduct' 'misleading or Deceptive Conduct' 'standing of Parties to Lease' 'bond Overpayment' 'damages Assessment' 'quiet Enjoyment']
['retail Leases' 'contract Law' 'commercial Law'] ['termination for Non Payment of Rent' 'unconscionable Conduct' 'misleading or Deceptive Conduct' 'standing of Parties to Lease' 'bond Overpayment' 'damages Assessment' 'quiet Enjoyment']

Case Brief

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Procedural Posture

Retail Tenancy Dispute / Final Decision

Legal Issues

  1. 1 ['Were there lawful grounds for terminating the Lease for non-payment of rent?' 'Did the conduct of the lessor and their agents amount to unconscionable conduct under the Retail Leases Act 1994?' 'Was there misleading or deceptive conduct in relation to the Lease?' 'Are the First and Third Applicants proper parties to the proceedings?']

Ratio Decidendi

The Lease was lawfully terminated by the respondents for default in payment of rent exceeding seven days after the due date, with no waiver established. Only the named lessee, Andre Japardi, had standing as applicant. Unconscionable conduct was found in the aggressive and intimidating manner of the respondents' agents during eviction, but damages were awarded only for loss of perishable food. Claims for misleading or deceptive conduct and broader damages failed.

Court Disposition

relief granted in part

Orders

  • ['The First and Third Applicants are not entitled to relief in these proceedings.' 'The Respondents are liable to pay to the Second Applicant the sum of $2,916.00, comprising a principal sum of $2,534.00 and interest amounting to $382.00.' "Any application for costs in these proceedings must be filed and served,...