Vedam Enterprises Pty Ltd v Xpress Fuel Australia Pty Ltd [2022] NSWSC 1756

Supreme Court New South Wales

Medium Neutral Citation: Vedam Enterprises Pty Ltd v Xpress Fuel Australia Pty Ltd [2022] NSWSC 1756 Hearing dates: 8 December 2022 Date of orders: 20 December 2022 Decision date: 19 December 2022 Jurisdiction: Equity - Duty List Before: Henry J Decision: Interlocutory relief granted to the First to Thirteenth Plaintiffs on conditions. See [194] Catchwords: EQUITY – Equitable remedies – relief against forfeiture – leases - interlocutory injunctions to restrain termination of leases and possession of eight service station sites operated by different plaintiffs – whether serious questions to be tried that lessee plaintiffs entitled to relief against forfeiture - where asserted breaches relate to termination of exclusive fuel supply agreements with first defendant – where plaintiffs' claim that fuel supply agreements terminated due to supply failures by first defendant – whether clauses relied on by landlords as giving rise to rights to forfeit and re-enter protect landlords interests – whether landlords will suffer loss from the breaches of leases – balance of convenience – adequacy of undertaking as to damages Legislation Cited: Competition and Consumer Act 2010 (Cth) Conveyancing Act 1919 (NSW) Jurisdiction of Courts (Cross-vesting) Acts of 1987 Property Law Act 1974 (Qld) Uniform Civil Procedure Rules Cases Cited: Ace Property Pty Ltd v Australian Postal Corporation [2011] 1 Qd R 504; [2010] QCA 55 Australian Broadcasting Corporation v Lenah Game Meats Pty Ltd (2001) 208 CLR 199; [2001] HCA 63 Australian Broadcasting Corporation v O'Neill (2006) 227 CLR 57; [2006] HCA 46 Beecham Group Ltd v Bristol Laboratories Pty Ltd (1968) 118 CLR 618; [1968] HCA 1 Bond v Gray [2013] NSWSC 1793 Cordiant Communications (Australia) Pty Ltd v The Communications Group Holdings Pty Ltd (2005) 194 FLR 322 First Netcom Pty Ltd v Telstra Operation Ltd (2000) 101 FCR 77; [2000] FCA 1269 Girchow Enterprises Pty Ltd v Ultimate Franchising Group Pty Ltd [2021] FCA 1579 IGA Distribution Pty Ltd v King & Taylor Pty Ltd [2002] VSC 440 Kolback Securities Ltd v Epoch Mining NL (1987) 8 NSWLR 533 New Dragon Investments Pty Ltd v Morgan & Banks Development Pty Ltd [2006] NSWSC 1139 Pioneer Gravels (Qld) Pty Ltd v T & T Mining Corporation Pty Ltd [1975] Qd R 151 Re Hi-Fi Sydney Pty Ltd (Administrator Appointed) [2015] NSWSC 1312 Rossi Recycling Pty Ltd v Buckland Valley Pty Ltd & Anor [2022] VSC 467 Shiloh Spinners Ltd v Harding [1973] 1 All ER 90; [1973] 2 WLR 28 Smith Kline & French Laboratories (Australia) Ltd v Department of Community Services & Health (1989) 89 ALR 366 Suttor v Gundowda Pty Limited (1950) 81 CLR 418 Wynsix Hotels (Oxford St) Pty Ltd v Toomey (2004) 17 BPR 32, 633; [2004] NSWSC 236 Category: Procedural rulings Parties: Vedam Enterprises Pty Ltd (First Plaintiff) Abhiram Thati (Second Plaintiff) Sri Vishnu Pty Ltd (Third Plaintiff) Ram Harichand Prasad Lingamaneni (Fourth Plaintiff) MRR Fuels Pty Ltd (Fifth Plaintiff) Rajesh Marthala (Sixth Plaintiff) Sri Lakshmi Srinivasa Fuels Pty Ltd (Seventh Plaintiff) Vamsi Krishna Bala (Eighth Plaintiff) SCNR Pty Ltd (Ninth Plaintiff) Saini Damegunta (Tenth Plaintiff) Sree Venkateshwara Investment Pty Ltd (Eleventh Plaintiff) Vijay Jumar Peddi (Twelfth Plaintiff) Ramesh Kumar Singham (Thirteenth Plaintiff) Shobha Enterprises Pty Ltd (ACN 626 288 104) (Fourteenth Plaintiff) Xpress Fuel Australia Pty Ltd (First Defendant) Press Australia Pty Ltd (Second Defendant) Maba Pty Ltd (Third Defendant) Xpress Transport Solutions Pty Ltd (Fourth Defendant) Xpress Fuel Retail Australia Pty Ltd (Fifth Defendant) Raman Holdings (NSW) Pty Limited (Sixth Defendant) Representation: Counsel: R D Turnbull (Plaintiffs) B DeBuse and P Springthorpe (First to Fifth Defendants)