Breach of Quiet Use – quantum and causation
State/Jurisdiction: D & M Pelle Holdings Pty Ltd v Cottrell Pty Ltd (No 2) [2005] ACTSC 82 (29 August 2005). Breach of exclusivity in lease; breach of quiet use and enjoyment. Experienced Canberra retailer’s lease breached and damaged Intangible Asset…
State/Jurisdiction: District Court Dispute No BD3053/08 Putney Bridge Pty Ltd and Y&P Pty Ltd & Ors Complexity:7.5 / 10 Parties to Dispute: Plaintiff: Landlord of small shopping centre Defendant: Tenant (food shop) Type of Dispute: Outgoings Dispute Instructions Received from…
State/Jurisdiction: QCAT Complexity: 8.5 / 10 Parties to Dispute: Plaintiff: QCAT 033 – 11 Nobilio & Christodoulou t/a Essentials vs ISPT Pty Ltd https://www.sclqld.org.au/caselaw/QCAT/2013/206 Type of Dispute: Alleged Breach of ‘Quiet Use & Enjoyment’ of Lease Description of Dispute: Significant…
State/Jurisdiction: Western Australia Supreme Court Complexity: 8.5 / 10 Parties to Dispute: Plaintiff: Jascot Lodge No 3 Pty Ltd, t/a Shearers Menswear, Garden City Booragoon Shopping Centre, City of Melville, Perth and AMP Life Ltd Type of Dispute: Alleged Breach…
State/Jurisdiction: Did not go to court (Potential Tribunal/Supreme Court). Complexity: 7.0/10 Parties to Dispute: Taytom Pty Ltd, trading as Hayley Lewis Swim School vs Lend Lease Real Estate Investments Limited and Westfield Management Limited both represented by major law firms.…
State/Jurisdiction: Did not go to Tribunal Parties to Dispute: QCAT 2009/0088 Homecote Pty Ltd t/a Friendly Grocer vs Capri Enterprises Pty Ltd Retail landlord and retail anchor tenant Instruction: calculate quantum for mediation, i.e. forensic accounting exercise from business records.…
State/Jurisdiction: QCAT 094 Parties to Dispute: 14 Kings Jewellers Pty Ltd t/a Anthony’s Fine Jewellers vs AMP Pacific Fair Pty Ltd used precisely same methods we had used in Christodoulou to prepare claim (achieved I believe close to 3 X…
State/Jurisdiction: QCAT Dispute No RSL 013 Parties to Dispute: Eco Office Consulting, t/a Tips n Toes, Shop 16, Elizabeth Arcade, 99 Elizabeth Street, BRISBANE Q 4000. Matter “settled” without QCAT for close to Experts Opinion “reasonable loss”.
State/Jurisdiction: QCAT (Old Retail Shop Leases Tribunal) Southbank Corporation and newsagent Breach of lease quiet use and enjoyment Parties to Dispute: Major government landlord and retail news agency. Tenant represented themselves. Telephone inquiry: volunteer advice in regard to loss. Description…