Vale v Rosychamp [2008] NSWSC 1373; [2006] NSWSC 1341 & related ADT proceedings

LANDLORD AND TENANT – retail and commercial tenancies legislation – unconscionable conduct – lessor refused to negotiate for a new lease with a prospective purchaser of the lessee’s business – lessee alleged lessor wanted building vacant to maximise sale price – lessor feared potential disputes with a new tenant and a proposed redevelopment if new lease were granted - legitimate to have regard to commercial self-interest

CONTRACT – damages – breach of term to maintain air-conditioning system – no attempt by plaintiff to quantify its loss – many other factors also eroded plaintiff’s profits – impossible precisely to ascertain loss caused by breach – damages assessed at $10,000

Earlier proceedings - successfully resisted injunction - Vale v Rosychamp Pty Ltd [2006] NSWSC 1341

Acted for landlord, leading Joanne Shepard of counsel, instructed by Bernard Chiu Legal.