Coles Supermarkets Australia Pty Ltd v FKP Limited (No 2) [2009] FCA 150

FEDERAL COURT OF AUSTRALIA

Coles Supermarkets Australia Pty Ltd v FKP Limited (No 2) [2009] FCA 150

COLES SUPERMARKETS AUSTRALIA PTY LTD (ABN 45 004 189 708) v FKP LIMITED (ABN 68 010 729 950) and FKP LIFESTYLE PTY LTD (ABN 27 005 867 596)

VID 589 of 2008

GORDON J

19 FEBRUARY 2009

MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY VID 589 of 2008

BETWEEN: COLES SUPERMARKETS AUSTRALIA PTY LTD (ABN 45 004 189 708)

Applicant

AND: FKP LIMITED (ABN 68 010 729 950)

First Respondent

FKP LIFESTYLE PTY LTD (ABN 27 005 867 596)

Second Respondent

JUDGE: GORDON J

DATE OF ORDER: 19 FEBRUARY 2009

WHERE MADE: MELBOURNE

THE COURT DECLARES THAT: 1. The Applicant has a binding agreement with the Second Respondent that is comprised by the letter dated 22 December 2006 from Coles Group Ltd to the First Respondent (Offer letter), the Coles standard agreement for lease and the Coles standard lease annexed to the Offer Letter, and the Final Development Plans dated 19 November 2007 prepared by i2C Design & Management Pty Ltd. THE COURT ORDERS THAT: 2. The Application is dismissed as against the First Respondent. 3. The Second Respondent specifically perform and carry into execution the agreement that is comprised by the letter dated 22 December 2006 from Coles Group Ltd to the First Respondent, the Coles standard agreement for lease and the Coles standard leased annexed to the Offer Letter, and the Final Development Plans dated 19 November 2007 prepared by i2C Design & Management Pty Ltd a copy of which was provided to the solicitors for the Second Respondent on 16 February 2009 in accordance with the Orders made by The Honourable Justice Gordon on that day. 4. The Second Respondent pay 75% of the costs of the Applicant in the proceeding including any reserved costs. 5. No other order as to costs.