The Court adopted the referee's reports without variation and entered judgment for the landlord for $327,868.93, comprising the cost of outstanding redecoration works ($160,465.31 including interest) and lost rent and outgoings for 6.2 weeks ($167,403.62 including interest). On the lost rent claim, the Court held that the tenant's breach caused the full period of lost rent from when it vacated until the new tenant took possession, rejecting the breaching tenant's argument that the landlord failed to prove causation for the period before contractors commenced work. The Court characterised that argument as properly one of failure to mitigate, on which the breaching tenant bore the onus and failed to discharge it, as no evidence was adduced that the contractors could have commenced earlier.
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