Read the full judgment text of HCA 000054/2001 on BabelCite. This High Court CFI judgment was delivered on 16 July 2001 before Chu J.
Civil procedure – summary judgment – counterclaim for arrears of rent and possession – tenancy agreement – plaintiff's appeal from Master's conditional leave to defend – whether defence of breach of tenancy agreement raises a triable issue – independence of covenant to pay rent from other covenants – whether covenant for quiet enjoyment suspends rent – whether set-off (legal or equitable) available against rent claim – unliquidated damages – close connection required for equitable set-off – appeal dismissed with costs.
Legal issues: Whether the plaintiff's defence to the counterclaim raises a triable issue on rent arrears · Whether the plaintiff has any right of set-off against the rent claim
Outcome: Plaintiff's appeal against the Master's order granting conditional leave to defend the counterclaim is dismissed; judgment on the counterclaim for rent arrears and possession, entered by default on 1 June 2001, stands.
Cited by 20 cases