Dunn v Warwick

The case of Dunn v Warwick involved the tenants, Benjamin and Karen Dunn, who abandoned the premises and left without notice. The lessors, Andrew and Joanne Warwick, sought to recover damages from the tenants. The dispute was heard and determined in the Civil and Administrative Tribunal of New South Wales (NCAT) and the subsequent appeal was heard in the Supreme Court of New South Wales. The tenants argued that the lessors failed to mitigate their losses, and that they were entitled to a reduction in the rent paid by the new tenants. The lessors argued that the tenants abandoned the premises and that they were entitled to recover damages for the breach of contract.
The legal issues in this case were whether the lessors were required to mitigate their losses and whether the tenants were entitled to a reduction in the rent paid by the new tenants. The court found that the lessors were required to mitigate their losses and that the tenants were entitled to a reduction in the rent paid by the new tenants. The court held that the lessors failed to mitigate their losses by not taking reasonable steps to find new tenants and that the difference in rent between what the tenants had agreed to pay for the balance of their fixed term and the rent payable by the new tenants was not allowed by the Tribunal. The court also found that the tenants were entitled to half the break lease fee.
The appeal was allowed and the lessors were ordered to pay the tenants the sum of $1,028.57 plus $28.40 for the balance of the filing fee. The court held that the lessors were required to mitigate their losses and that the tenants were entitled to a reduction in the rent paid by the new tenants. The court also found that the tenants were entitled to half the break lease fee. The court noted that the lessors had failed to take reasonable steps to find new tenants and that the difference in rent between what the tenants had agreed to pay for the balance of their fixed term and the rent payable by the new tenants was not allowed by the Tribunal.