Jedrychowski v Vasiliov Trading as Nick's Take Away Food Bar

The New South Wales Court of Appeal heard an appeal concerning a dispute between Mr. Jedrychowski, the appellant, and Vasiliov, trading as Nick's Take Away Food Bar, the respondent. The core of the disagreement revolved around alleged breaches of a lease agreement for a shop.

The Court of Appeal was required to determine whether the respondent had breached the lease by failing to operate the business during specified hours and whether the appellant had waived any such breaches. Further, the Court had to consider the proper measure of damages, if any, to be awarded to the appellant for the alleged breaches.

The Court found that the lease did not impose an express obligation on the respondent to operate the business during all specified hours, but rather that the hours were indicative of the intended use. It was held that the respondent's failure to operate during all those hours did not constitute a breach of the lease. Consequently, the appellant's claim for damages was dismissed.