Valor and Pride Hospitality Group Pty Ltd v Ord Developments Pty Ltd

[2026] NSWSC 862

Supreme Court of NSW

Built by Barristers,
For Australian Law.

1. LEASES AND TENANCIES — rent and outgoings — repair and maintenance obligations — where several plumbing and other issues arose and a dispute between the parties as to whose responsibility it was to remedy those defects under the lease escalated — whether these issues were structural in nature — whether the plaintiff was entitled to abate rent
1. LEASES AND TENANCIES — whether the plaintiff is entitled to relief against forfeiture

Pipes, drains, sewers and plumbing services defined as 'Lessor's Property' in a commercial lease are not 'structural' components of the building; clearing blockages in such services (including long-term calcified build-up and foreign objects) falls within the tenant's maintenance obligations under clauses requiring the tenant to keep waste pipes and drains free from blockages and to maintain the lessor's property in good and serviceable condition
The distinction between structural and non-structural repair is a practical question of fact and degree: 'structural' refers to the load-bearing framework that stops the building falling down, not to building services infrastructure, and the tenant bears the onus of proving that defects threaten load-bearing integrity
Relief against forfeiture of a commercial lease may be granted where the tenant's breaches arose from a genuine misunderstanding of lease obligations rather than flagrant disregard, the financial consequences of forfeiture would be catastrophic, and the tenant is willing and able to pay all outstanding rent as a condition of relief