Zenya Group Pty Limited v Leilei [2011] NSWADT 149

Zenya Group Pty Limited v Leilei [2011] NSWADT 149

The Respondent was liable for the Applicant's losses caused by the water leak because the lessor was responsible for keeping the premises in proper order and repair and the evidence showed water damage and loss, while the Respondent had permitted use of the upstairs area and cleaning it was part of maintaining the...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
05 April 2011
Procedural Posture
Retail Lease Dispute / Interlocutory Applications
Outcome
Mixed orders made: the Applicant must pay Sydney Water rates and charges; the Respondent must pay damages for the water leak losses; legal costs claimed by the Respondent were denied; the matter may be relisted if compensation is not agreed.
Legal Topics
['damage to Leased Premises' 'water Leak' 'quiet Enjoyment' 'water Rates and Charges' 'repairs to Premises' 'legal Costs' 'surrender of Lease']
['retail Leases' 'property Law' 'contract Law'] ['damage to Leased Premises' 'water Leak' 'quiet Enjoyment' 'water Rates and Charges' 'repairs to Premises' 'legal Costs' 'surrender of Lease']

Source-derived case record

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Procedural Posture

Retail Lease Dispute / Interlocutory Applications

Legal Issues

  1. 1 ['Whether the Respondent was liable for water damage to the leased premises and resulting business and equipment losses suffered by the Applicant.' 'Whether the Applicant was responsible for Sydney Water rates and charges under the lease.' "Whether the Applicant should pay the Respondent's legal costs." 'Whether repairs to the premises had been attended to and whether arrangements for possible surrender of the lease should be noted.']

Ratio Decidendi

The Respondent was liable for the Applicant's losses caused by the water leak because the lessor was responsible for keeping the premises in proper order and repair and the evidence showed water damage and loss, while the Respondent had permitted use of the upstairs area and cleaning it was part of maintaining the premises. The Applicant was liable for Sydney Water rates and charges because the lease expressly required the Tenant to pay water and other separately charged utilities. Legal costs were refused because both parties were at fault, though the Applicant had brought the dispute before the Tribunal and obtained adjudication and repairs.

Court Disposition

Mixed orders made: the Applicant must pay Sydney Water rates and charges; the Respondent must pay damages for the water leak losses; legal costs claimed by the Respondent were denied; the matter may be relisted if compensation is not agreed.

Orders

  • ['The Applicant is to pay to the Respondent the full amount of rates and charges for Sydney Water from the commencement of the Lease, namely 3 March 2010.' "The Respondent is to pay to the Applicant damages for the water leak causing loss to the Applicant's business, replacement of dishwasher and refrigerator per...