Heriot Properties (Australia) Pty Ltd v Ezymart Leasing Pty Ltd

In Heriot Properties (Australia) Pty Ltd v Ezymart Leasing Pty Ltd, the applicant sought an order from the Civil and Administrative Tribunal of New South Wales, enforcing their rights under the Retail Leases Act 1994. The dispute arose from unauthorised modifications made by the lessee, Ezymart Leasing, to the premises which caused damage to common property. Heriot Properties, the lessor, sought to restore the property to its original condition and recover the costs incurred in doing so.

The court had to decide whether the lease permitted Heriot Properties to access the premises to comply with a Tribunal order under the Strata Schemes Management Act 2015. Additionally, the court examined whether the lease allowed the lessor to enter the premises to restore common property independently of the Tribunal order. Furthermore, the court needed to determine if Ezymart Leasing was liable for Heriot Properties' legal costs in defending proceedings brought by the owners corporation.

The court found that the lease permitted Heriot Properties to access the premises to comply with the Tribunal order, and the lease did not prohibit the lessor from entering to restore common property. Consequently, the court ordered Ezymart Leasing to allow Heriot Properties to disconnect and remove unauthorised installations and restore the damaged wall. Additionally, the court found Ezymart Leasing liable for Heriot Properties' legal costs. The court ordered Ezymart Leasing to pay $40,919.61 to Heriot Properties within 14 days. The court also set out the procedure for any future costs applications.