Rehman v Om Sai Indian Grocery; Store Pty Ltd and Ors

Rehman (the applicant) sought an order for possession of premises located at 1/150-152 Main Street, Blacktown, New South Wales, from Om Sai Indian Grocery Store Pty Ltd (the first respondent) and its director, Mr. Singh (the second respondent). The applicant alleged that the respondents had breached the terms of their retail lease agreement by failing to pay rent and by operating the business in a manner that caused a nuisance to neighbouring businesses. The matter came before Judge Riethmuller in the Local Court of New South Wales.

The primary legal issues before the court were whether the respondents had breached the retail lease agreement by failing to pay rent and whether their conduct constituted a nuisance that justified termination of the lease. The court was required to determine if the applicant had valid grounds to terminate the lease and, consequently, to seek possession of the premises.

Judge Riethmuller found that the evidence presented established a clear and ongoing failure by the respondents to pay rent as stipulated in the lease agreement. Furthermore, the court was satisfied that the respondents' operation of the grocery store, including issues related to noise and odour, had created a substantial and unreasonable interference with the quiet enjoyment of neighbouring premises, thereby constituting a nuisance. The court applied the principles of contract law concerning breach of lease covenants and the common law principles relating to nuisance.

Consequently, the court ordered that the applicant be granted possession of the premises.