Emerson Lewis Lawyers acted on behalf of KL Aussie Pty Ltd in the above proceedings, and successfully obtained judgment in excess of $85,000.00 for our client.
The facts of this matter arose after prior proceedings in the Supreme Court of New South Wales, in which we successfully obtained judgment in favour of our client. The prior proceedings concerned our client’s real property, which had been wrongfully possessed by the previous vendor after the sale had been completed. Emerson Lewis Lawyers successfully sought orders in favour of our client which recognised that the previous vendor had been in breach of contract and therefore in wrongful possession of the property for almost a two-year period, and leave was granted for the plaintiff to issue a writ of possession for the property.
Following the previous vendor vacating, our client repossessed the property to find it in a state of complete disrepair. On this basis, our client wished to pursue a claim for damages against the previous vendor.
Issues and Approach
At issue was whether our client was entitled to any damages as a result of the prior vendor’s wrongful possession and, if so, what damages could be claimed. As our client’s representative, we were chiefly concerned with what approach would maximise our client’s chances of a successful damages claim. Maximum compensation for our client’s losses was of paramount importance.
From the findings of the Court in the prior proceedings, it was not contentious that our client had been wrongly deprived of possession of their property for a period of nearly two years. Using these findings, we formulated a multifaceted damages claim for our client that sought not only compensation for physical damage to the property, but also damages for loss of rental income in the prior vendor’s period of wrongful possession, and for refinancing losses that our client would not have incurred but for the prior vendor’s wrongful conduct.
Our team gathered and collated a wide variety of evidence in support of our client’s damages claim, which included executed refinancing agreements, comparative rental rates for surrounding and similar properties, and quotes for the repair of the property, in addition to reviewing extensive and often clouded and disputed correspondence between our client and the prior vendor. Our solicitors’ intelligent approach to complex evidence and superior evidential organisation allowed us to identify, from what was initially convoluted evidence, a very clear case for our client, and present a three-tiered claim in Supreme Court of New South Wales proceedings for damages.
During the matter’s hearing, the prior vendor disputed the damages claim for lost rental income, alleging that the sum sought by our client was in excess of the market value. In doing so, the prior vendor took issue with both the comparative rent rates from surrounding properties, and the weekly rental rate contained in the rental agreement that had been signed with a prospective renter prior to wrongful possession.
The Court found in favour of our client on the basis that no evidence could be provided to support any allegation that the signed rental agreement was a sham. Following finding and the Court’s consideration of the remaining limbs of our client’s damages claim, the Court gave judgment in favour of our client not only for damages in excess of $85,000.00, but also for costs to be paid by the previous vendor – a result which substantially compensated our client for its loss and which is a testament to the ability of Emerson Lewis Lawyers to pursue our clients’ needs.