Nicholas Kyriakoudes A “make good” clause is a term in a lease which sets out the condition in which a tenant is to leave the leased premises in at the expiry of the lease term. These clauses identify the condition in which the property should be returned to once the tenant no longer has possession [...]

Nicholas Kyriakoudes Classification of work as a major defect gives rise to a 6-year statutory warranty. Section 18E(1)(b) of the Home Builders Act 1989 (NSW) prescribes a statutory warranty period of 6 years for faulty or defective workmanship which results in a major defect to a residential building. However, to be entitled to the 6-year [...]

Nicholas Kyriakoudes As a general proposition, parties are free to contract with one another on whatever terms they agree. Breach of a contractual term will entitle a party to recover any loss they suffer as a result of the breach, that is their damages, and in serious breaches may entitle the party to terminate the [...]