City Properties Limited v New Era Finance Limited

Case Number: 
2013 CD 00166
Neutral Citation: 
[2016]JMCC Comm. 1
Date of Delivery: 
29.01.2016

Landlord and tenant - Agreement for a lease - Draft lease not executed as some terms were found objectionable by the tenant - Parties operating under the agreed terms of the draft lease - Claim by lessor for rent and outstanding maintenance - Whether maintenance properly charged to the tenant as additional rent - Whether tenant obliged to pay insurance and depreciation on the building as a component of maintenance

Civil procedure and practice - Pleadings - Counter claim for refund of monies inappropriately charged for maintenance - Claim made in witness statements and submissions for refund of overpayment on rent - No corresponding claim for overpayment made - Whether overpayment recoverable - Claim for damages for compensation for expenditure on chattels after destruction by fire - No basis shown for the claim - Negligence and occupiers liability not specifically pleaded - Declaration sought for parties to be declared joint occupiers - No basis shown for such a declaration - Whether there is sufficient evidence to ground a cause of action in damages for negligence or occupiers liability or for a claim for compensation for fire damage

 Evidence - Expert evidence - No permission sought by defendant at case management to rely on expert evidence - Quantity surveyor called at trial to give evidence of costs of materials and labour - Whether evidence given by quantity surveyor factual evidence and admissible as such - Whether evidence inadmissible as hearsay - Applicability of the Civil Procedure Rules 2000, part 32 and section 31G and of the Evidence Act

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