Dover v Lewkovitz (RLD)

Dover and Lewkovitz appeared before the court in a dispute concerning the assignment of a claim for amounts due from lessees following the termination of a retail lease. The court was required to determine whether the claim assigned by the lessor to the assignee was a debt or damages, and to decide when the termination of the lease occurred. The appeal was dismissed by the court.

The central issue for the court was whether the claim assigned by the lessor to the assignee was a debt or damages, and when the lease was terminated. The court had to establish whether the assignment was valid and, if so, whether the assignee could recover the amounts due from the lessees. The court also had to determine when the lease was terminated and whether the assignee was entitled to recover the amounts due from the lessees.

The court examined the terms of the lease agreement and the assignment of the claim, and concluded that the claim assigned was for damages, not a debt. The court found that the termination of the lease occurred when the lessees breached the lease by failing to pay rent. The court held that the assignment of the claim was valid, but the assignee was not entitled to recover the amounts due from the lessees as they had not breached the lease agreement. The court dismissed the appeal and ordered that any application for costs must be filed and served within 21 days, along with supporting submissions. Any submissions in reply by the appellant must be filed and served within a further 21 days. The matter of costs will then be determined 'on the papers', pursuant to section 76 of the Administrative Decisions Tribunal Act 1997, unless the Appeal Panel decides that a hearing is required.