Shah H Haddad trading as Liverpool City Cars and 4WDs v Lansvale Intersection Pty Limited

Shah H Haddad, trading as Liverpool City Cars and 4WDs, brought an action against Lansvale Intersection Pty Limited, alleging breach of warranty of quiet possession. The dispute arose from the defendant's alleged failure to provide the plaintiff with peaceful and undisturbed use of the premises. The matter was heard in the Supreme Court of New South Wales. The plaintiff claimed damages for the loss of use of the premises due to the seizure by police, which occurred while the plaintiff had possession or an immediate right to possession. The court was required to determine whether the plaintiff was in possession of the premises at the time of the seizure and whether the plaintiff was entitled to damages under the relevant statutory provisions.

The court considered the statutory provisions governing the warranty of quiet possession and the circumstances of the seizure by police. It found that the plaintiff had possession of the premises at the time of the seizure, and that the statutory provisions created independent rights. The court also considered the effect of the plaintiff's immediate right to possession, which arose from an agreement between the parties. The court concluded that the plaintiff was entitled to damages for the loss of use of the premises, and that the defendant's breach of warranty of quiet possession gave rise to a cause of action.

The court ordered the defendant to pay the plaintiff's costs of the proceeding in the Supreme Court and in the Local Court, and further ordered that interest be paid on the amount of the judgment debt from the date of service of the statement of claim until the date of judgment. The court also noted that the defendant's appeal against the judgment of the Local Court would be heard at a later date.