Waltip Pty Ltd & Anor v Capalaba Park Shopping Centre Pty Ltd [1987] FCA 78

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"IN THE FEDERAL COURT OF AUSTRALIA )

QUEENSLAND DISTRICT REGISTRY GENERAL DIVISION )

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QLD G9 of 1987

BETWEEN: WALTIP PTY. LTD.

First Applicant

AND: ANTHONY MICHAEL GEANEY

Second Applicant

AND: CAPALABA PARK SHOPPING CENTRE PTY. LTD. Respondent MINUTES OF ORDER JUDGE MAKING ORDER: PINCUS J. DATE OF ORDER: 16 FEBRUARY 1987 WHERE MADE: BRISBANE

THE COURT ORDERS THAT:

1. Subject to the condition that the first applicant pay to the respondent the sum of $7,938, on or before the 23rd day of February 1987, the respondent be restrained from pursuing until further order District Court proceedings number 16 of 1987;

2. Costs of the application be costs in the proceedings.

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Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA )

QUEENSLAND DISTRICT REGTSTRY ) QLD G9 of 1987 GENERAL DIVTSTON )

BETWEEN: WALTIP PTY. LTD.

First Applicant AND: ANTHONY MICHAEL GEANEY

Second Applicant

AND: CAPALABA PARK SHOPPING CENTRE PTY. LTD.

Respondent

PINCUS J. 16 February 1987

EX TEMPORE REASONS FOR JUDGMENT

This is an application for interim relief. The applicants are a tenant and guarantor in respect of a lease of a shop in a shopping centre. When the matter first came before the Court on 4 February, it was adjourned; since then further material has been filed. However, the case is much the same as it was, in that the claim is that the shop in question has a kiosk very close

to it which obstructs the view of the applicants' shop.

The material discloses that the first applicant had presented to it a plan which did not show any kiosk. The first applicant has also put material before the Court suggesting that, at the time when negotiations took place between the first

applicant and the respondent, the proposal to put the kiosk there