Tong Joo Pty Ltd v Reilly [2023] NSWCATCD 41

Tong Joo Pty Ltd v Reilly [2023] NSWCATCD 41

There was no evidence that the respondent agreed or intended to be bound as guarantor of Suessox's obligations under the 2018 lease; there was no request for a guarantee or evidence of such an agreement, nor could a guarantee be implied from the parties’ dealings or the cited authorities. Accordingly, the claim...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
11 May 2023
Procedural Posture
Retail Lease Dispute / Decision After Hearing
Outcome
Application dismissed
Legal Topics
['retail Lease' 'guarantee' 'implied Contract' 'liability of Guarantor']
['commercial Law' 'leasing Law'] ['retail Lease' 'guarantee' 'implied Contract' 'liability of Guarantor']

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Retail Lease Dispute / Decision After Hearing

Legal Issues

  1. 1 ['Whether a new retail shop lease was entered into between the lessor and Suessox Pty Ltd in February 2018' 'Whether the respondent guaranteed the obligations of Suessox Pty Ltd under the alleged new lease' 'Whether an enforceable guarantee existed binding the respondent for Suessox’s obligations']

Ratio Decidendi

There was no evidence that the respondent agreed or intended to be bound as guarantor of Suessox's obligations under the 2018 lease; there was no request for a guarantee or evidence of such an agreement, nor could a guarantee be implied from the parties’ dealings or the cited authorities. Accordingly, the claim against the respondent failed.

Court Disposition

Application dismissed

Orders

  • ['The application is dismissed.' 'Any costs application must be lodged within 14 days, accompanied by supporting documents.' 'The costs respondent has 14 days after receipt to respond with submissions.' 'Parties must state if they consent to costs application being determined on written submissions without a...