GPT RE Limited v Griffin

[2024] NSWDC 478

District Court

New South Wales

Medium Neutral Citation:

GPT RE Limited v Griffin & Anor [2024] NSWDC 478

Hearing dates:

15 October 2024

Date of orders:

15 October 2024

Decision date:

15 October 2024

Jurisdiction:

Civil

Before:

Acting Judge Levy SC

Decision:

(1) Verdict and judgment for the plaintiff against the defendants jointly and severally in the sum of $247,123.04.

(2) The defendants must pay the plaintiff’s costs of the proceedings on the ordinary basis as agreed or assessed.

Catchwords:

MERCANTILE LAW – guarantee for a lease – lessee in default – guarantors liable to lessor for the assessed amount of $247,123.04 plus costs

Category:

Principal judgment

Parties:

Plaintiff: GPT RE Limited
First Defendant: David Brian Griffin
Second Defendant: Nathan Robert Martin

Representation:

Defendants: No Appearance

Counsel:
Plaintiff: Ms K Conomos

Solicitors:
Plaintiff: Holding Redlich

File Number(s):

2024/00035035

Publication restriction:

None

Judgment

1. By statement of claim filed on 29 January 2024, the plaintiff, GPT RE Limited, brings these proceedings against the defendants, David Griffin and Nathan Martin, as guarantors of a lease agreement for the leasing of commercial premises in Charlestown, New South Wales.

2. The defendants guaranteed monthly payments due under the lease of those premises in the event of default by the lessee, Bao Brothers Charlestown Pty Limited. The lessee repudiated the lease which resulted in its termination on 8 August 2023. The defendants were called upon to honour their guarantee, but they did not do so.

3. On 17 January 2024, following the lessees’ default in making payments pursuant to the lease, the plaintiff obtained default judgment against the defendants. At that time this assessment hearing was fixed for today. The defendants have been duly served with notice of today's hearing and they have not appeared.

4. The plaintiff relies upon an affidavit sworn on 14 October 2024 by its solicitor, Ms Kate Murphy, and the exhibits thereto which set out the uncontested evidence of the history of litigation and the basis of the plaintiff’s claims against the defendants in the sum of $247,123.04.

5. Those claims comprise elements totalling $268,093.75, respectively, for arrears of rent, deferral of rent, loss of rent until the premises were re-leased on 1 December 2023, make good costs, and the erection of a protective hoarding at the premises, less than offset amount of $20,970.71 in respect of a guarantee held by a bank, as follows:

Arrears for the period to August 2023	$98,489.17
Deferral Arrears for the period to 30 November 2023	$13,876.88
Interest for the period from 1 January 2023 to 31 January 2023	$526.39
Loss of rent and charges from 1 September 2023 to 30 November 2024	$149,196.28
Make Good Costs incurred by the plaintiff	$2,249.63
Hoarding Costs incurred by the plaintiff	$3,755.40
Subtotal	$268,093.75
LESS bank guarantee claimed	($20,970.71)
Total Claim	$247,123.04

6. The defendants have not made any payments to the plaintiff in respect of their guarantee. Having read the affidavit of Ms Murphy and the exhibits thereto, I am satisfied that the defendants are indebted to the plaintiff in the amount of $247,123.04. The plaintiff is therefore entitled to a judgment in its favour against the defendants jointly and severally for that amount.

Orders

7. I make the following orders:

1. Verdict and judgment for the plaintiff against the defendants jointly and severally in the sum of $247,123.04.

2. The defendants must pay the plaintiff’s costs of the proceedings on the ordinary basis as agreed or assessed.

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Decision last updated: 15 October 2024