Nichols Global Enterprises Pty Ltd v Biviano

In the case of Nichols Global Enterprises Pty Ltd v Biviano, the plaintiff, a property developer, sought an order for specific performance of a lease agreement against the defendant, who had entered into a lease for a property in Sydney. The dispute arose when the defendant refused to vacate the property despite the lease agreement's end date, claiming that the property developer had breached the covenant for quiet enjoyment. The matter was heard in the Supreme Court of New South Wales. The court was required to determine whether damages could be awarded in addition to specific performance, and if so, whether the plaintiff could claim for breach of the covenant for quiet enjoyment while the defendant remained in possession of the property pending the hearing of the suit.

The court considered the legal principles surrounding specific performance and the covenant for quiet enjoyment. It noted that specific performance is an equitable remedy, and while it is a discretionary remedy, the court may also award damages in addition to specific performance. The court found that the defendant's refusal to vacate the property was a breach of the covenant for quiet enjoyment, and that the plaintiff was entitled to damages for that breach. The court held that the term "promptly" in the lease agreement did not limit the plaintiff's right to claim damages for the breach of the covenant for quiet enjoyment.

The court ordered that specific performance be granted, and that the defendant vacate the property within 14 days. The court also ordered that the defendant pay damages to the plaintiff for the breach of the covenant for quiet enjoyment. The court found that the defendant's refusal to vacate the property had caused the plaintiff to suffer a loss of income and reputation, and awarded damages accordingly. The court noted that the award of damages was not intended to compensate the plaintiff for the delay in obtaining specific performance, but rather for the breach of the covenant for quiet enjoyment itself.