Faulkner-Mounsey v Baird

[2019] QDC 219

DISTRICT COURT OF QUEENSLAND

CITATION:

Faulkner-Mounsey v Baird & Anor [2019] QDC 219

PARTIES:

DONNA KATHLEEN FAULKNER-MOUNSEY
(plaintiff)

v

ANDREW JOHN BAIRD
(first defendant)

and

KETRINA BAIRD
(second defendant)

FILE NO:

ID48/28

DIVISION:

Civil

PROCEEDING:

Trial

ORIGINATING COURT:

Ipswich

DELIVERED ON:

6 November 2019

DELIVERED AT:

Brisbane

HEARING DATE:

30 and 31 July and 1 and 5 August 2019

JUDGE:

Horneman-Wren SC DCJ

ORDER:

1.     The plaintiff have judgment on her claim against the defendants for $28,530 for damages and $14,046 for interest.

2.     The plaintiff have judgment on the defendants counterclaim.

3.    I will hear the parties as to costs

CATCHWORDS:

BREACH OF LEASE - CLAIM FOR DAMAGES -  COUNTERCLAIM FOR REPUDIATION OF LEASE AND FUTURE ECONOMIC LOSS; whether the leasee is liable for damages for unpaid rent - whether the lessor’s actions amount to interference of the leasee’s quite enjoyment of the demised premises - whether such an interference amounted to a repudiation of the lease - where the leasee was in rental arrears - where the lessor had taken all reasonable steps to mitigate damage of breach - where the leasee claims the lessors repudiation caused damage - where lessee claims damage for future economic loss

Legislation:

Uniform Civil Procedure Rules 1999;

Federal Court Rules 2011;

Cases:

Aussie Traveller Pty Ltd v Marklea Pty Ltd [1998] 1 Qd R 1;

Burns v M.A.N. Automotive (Aust) Pty Ltd [1986] 61 CLR 653;

Byrnes v Jokona Pty Ltd [2002] FCA 41;

Goldsworthy Mining Ltd v Federal Commissioner for Taxation (1973) 128 CLR 199;

Gordon v Lidcombe Developments Pty Ltd [1966] 2 N.S.W.R. 9;

Hawkesbury Nominees Pty Ltd v Battik Pty Ltd [2000] FCA 185;

Hong Kong Fir Shipping Co Ltd v Kawaski Kisen Kai Sha Ltd [1962] 2 QB 26;

Hudson Crushed Metals v Henry [1985] 1 Qd R 202;

McRae v Commonwealth Disposals Commission [1951] 84 CLR 377;

Meredith v Palmcam Pty Ltd [2001] 1 Qd R 645;

Murphy v Overton [2004] 216 CLR 388;

Robinson v Kilvert (1889) 41 Ch D 88;

T.C. Industrial Plant Pty Ltd v Roberts Qld Pty Ltd [1963] 180 CLR;

Tebb v Cave [1900] 1 Ch 642;

Todburn Pty Ltd v Taormina International Pty Ltd (1990) 5 BPR 11, 173;

Wham v Ella [1972] 127 CLR 454.

COUNSEL:

JAS Ford for the plaintiff
DD Keane for the defendants

SOLICITORS:

Craven Lawyers for the plaintiff
Two Hill Lawyers for the defendants

Introduction

1. “Topside” and “King Pah Mountain” form part of a larger area of grazing property owned by the plaintiff in the Moogerah district in southeast Queensland.  From October 2015 the defendants leased Topside and King Pah Mountain from the plaintiff for the purpose of grazing cattle.  The lease was for a term of three years which was to expire on 30 September 2018.  There was a three year option.  The annual rental was $18,720 plus GST payable by monthly instalments of $1,560 plus GST.

1. Prior to 27 January 2016 the defendants…