New South Wales Court of Appeal - Decisions of Interest Search - Area of law: Tenancy


  1. 25/11/2016
    Tenancy: residential tenancy agreement; police executing search warrant found multiple mobile phones, cash, scales and balloons in tenant’s apartment; tenant shared apartment with husband; husband charged with supplying heroin in communal laundry; landlord sought order terminating tenancy agreement pursuant to Residential Tenancies Act 2010 (NSW), s 91; whether tenant intentionally or recklessly caused or permitted use of residential premises for purposes of sale or supply of prohibited drug

    Davis v NSW Land and Housing Corporation  [2016] NSWCA 325
  2. 06/10/2016
    Tenancy: construction of lease; whether lessee obliged to pay the cost of replacing the main electrical switchboard (MSB) servicing the leasehold premises – whether lessee liable for deterioration of MSB during the period preceding commencement of the lease; lessee covenants to pay “land tax assessed on a single holding basis”; leasehold premises held in a “special trust”; lessor not entitled to take advantage of tax free threshold usually available; whether lessor entitled to recover from lessee actual amount of land tax paid in respect of the premises; covenant to repair; whether primary Judge erred in finding that repairs to the premises were required by reason of “reasonable wear and tear”
    Bonafair Holdings Pty Ltd v Hungry Jack’s Pty Ltd  [2016] NSWCA 276
  3. 23/02/2015
    Tenancy: residential tenancy agreement; public housing; tenant convicted and sentenced to a term of two years and three months imprisonment; after eight months landlord serves a notice of termination of the agreement on the ground that the tenant had ceased “personally to occupy” the premises; whether Appeal Panel erred in holding that the tenant breached the residential tenancy agreement by ceasing personally to occupy the premises; appeal dismissed
    McGeown v NSW Land and Housing Corporation  [2015] NSWCA 23
  4. 19/12/2014
    Tenancy: residential tenancies agreement; retirement villages; termination of residence contract for breach of village contract; alleged breach by applicant in failing to occupy premises; whether breach justified termination order; whether Tribunal failed to consider; whether the "circumstances of the case" warranted exercising power to terminate; Retirement Villages Act 1999 (NSW) s 134; summons dismissed
    Boele v Rinbac Pty Ltd  [2014] NSWCA 451
  5. 03/12/2014United Kingdom
    Tenancy: eviction; assessment of damages; unlawful eviction of tenant; difference in value between value of landlord’s interest on assumption residential occupier continuing to have same right to occupy and value of landlord’s interest on assumption residential occupier ceasing to have that right; whether valuation of flats should be conducted on assumption that they are subject to secure tenancies or to assured tenancies; likely effect upon a secure tenancy of sale to a private landlord should not to be taken into account; Housing Act 1988 s 28; appeal allowed
    7 Loveridge v Mayor and Burgesses of the London Borough of Lambeth  [2014] UKSC 65
  6. 10/09/2014
    Tenancy: agreement for lease with attached draft lease; appellant and respondent entered into agreement for lease for the purpose of enabling McDonald’s to develop the site and use it as a McDonald’s Family Restaurant; lessor to pay tenant costs of construction; lease provided in default of payment of such costs appellant’s may set off such amounts against rent otherwise payable under the lease; works completed and lease entered into; right of set off not included in lease; lease required payment of rent without deduction; whether mortgagee bound by right of set off; respondent obtained mortgage funding to pay but did not pay; land sold; mortgagee in possession; whether lien to be implied over proceeds of sale in priority to mortgagee; whether right of recoupment applicable to costs incurred by prospective lessee under agreement for lease with right of reimbursement by lessor; agreement for lease was a personal contract between appellant and respondent; Australis Media Holdings Pty Ltd v Telstra Corporation Ltd (1998) 43 NSWLR 104 considered; appellant not entitled to set off the outstanding construction costs owed by mortgagee under agreement for lease against the rent payable to respondent under the lease; appeal dismissed
    McDonald’s Australia Limited v Bendigo and Adelaide Bank Limited and Benalla Retail Investments Pty Ltd  [2014] VSCA 209
  7. 26/02/2014
    Tenancy: residential tenancies agreement; termination sought because residential premises used to supply prohibited drugs; whether Consumer, Trader and Tenancy Tribunal had discretion not to order termination; Residential Tenancies Act 2010 (NSW), s 91
    Cain v New South Wales Land and Housing Corporation  [2014] NSWCA 28
  8. 20/01/2014
    Tenancy: appellant landlord performed substantial building works on commercial premises while leased to respondent; whether appellant breached covenant of quiet enjoyment; whether building works amounted to repudiation of lease; appellant’s conduct did not breach or repudiate lease as respondent’s employee consented to building works with the ostensible authority of respondent; appeal allowed
    Pourzand v Telstra Corporation Ltd  [2014] WASCA 14
  9. 18/12/2013
    Tenancy: retail lease; obstruction of sightlines to lessee’s premises; whether Tribunal erred in finding obstruction constituted unconscionable conduct on part of lessor; whether a finding of unconscionability against a corporation requires a finding of dishonesty or bad faith against individual officers or employees of the corporation; whether Tribunal adopted erroneous approach to determining causation; whether Tribunal denied parties procedural fairness in assessing damages on basis not put to parties; whether appeal raised questions of law
    PT Ltd v Spuds Surf Chatswood Pty Ltd  [2013] NSWCA 446
  10. 05/09/2013
    Tenancy: lease terminated due to rental arrears; breach of essential term of lease; measure for calculation of loss of bargain damages; owner took possession and carried on business itself as entitled to under lease; Luxer Holdings Pty Ltd v Glentham Pty Ltd [2007] WASCA 209 and Gumland Property Holdings Pty Ltd v Duffy Bros Fruit Market (Campbelltown) Pty Ltd [2008] HCA 10 considered; no evidence to suggest the owner was unable to re-let the premises; not possible to ascertain whether landlord suffered any loss as a result of tenant’s breach, as opposed to loss as a consequence of its own decision to take possession and carry on business itself
    Gigi Entertainment Pty Ltd v Schmidt  [2013] NSWCA 287