Tait v P.T. Ltd as Trustee of the Scentre Tuggerah Trust [2015] FCA 1015

FEDERAL COURT OF AUSTRALIA

Tait v P.T. Ltd as Trustee of the Scentre Tuggerah Trust [2015] FCA 1015 Citation: Tait v P.T. Ltd as Trustee of the Scentre Tuggerah Trust [2015] FCA 1015

Parties: ROBERT GRAHAME TAIT v P.T. LTD ACN 004 454 666 AS TRUSTEE OF THE SCENTRE TUGGERAH TRUST

File number: SAD 271 of 2015

Judge: BESANKO J

Date of judgment: 26 August 2015

Date of published reasons: 11 September 2015

Catchwords: PRACTICE AND PROCEDURE – application for an interim injunction in relation to the occupation of a shop – where the applicant was a franchisee and was evicted from shop premises after lease agreement between franchisor and the respondent was terminated – whether the applicant had made out a prima facie case – whether there was sufficient evidence to establish a prima facie case of estoppel by convention – whether the balance of convenience was in favour of the injunction being granted – where the applicant would suffer substantial prejudice if injunction not granted. Held: Application granted.

Legislation: Australian Consumer Law (Schedule 2 to the Competition and Consumer Act 2010 (Cth)) ss 21, 238 Conveyancing Act 1919 (NSW) ss 122, 129 130 Corporations Act 2001 (Cth) s 440B, Chapter 5, Part 5.3A Retail Leases Act 1994 (NSW) s 62B

Cases cited: Businessworld Computers Pty Ltd v Australian Telecommunications Commission (1988) 82 ALR 499 Con-Stan Industries of Australia Proprietary Limited v Norwich Winterthur Insurance (Australia) Limited (1986) 160 CLR 226 Ocean Dynamics Charter Pty Ltd v Hamilton Island Enterprises Limited [2015] FCA 460 Samsung Electronics Co Limited v Apple Inc (2011) 217 FCR 238; [2011] FCAFC 156 TEC Desert Pty Ltd and Another v Commissioner of State Revenue (Western Australia) (2010) 241 CLR 576