Fancy a Bite Pty Limited v IOF Custodian Pty Limited [2015] NSWCATCD 28

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Fancy a Bite Pty Limited v IOF Custodian Pty Limited [2015] NSWCATCD 28 Hearing dates: 26 February 2015 Decision date: 11 March 2015 Jurisdiction: Consumer and Commercial Division Before: D Bluth, Senior Member Decision: 1. The Tribunal orders that until further order of the Tribunal, the respondent is restrained from:

a. excluding the Applicant from retail shop premises known as shop F2, Food Court Level, 99 Walker Street, North Sydney NSW; and b. interfering with the Applicant's use and occupation of the premises.

2. Until further order the Applicant is excused from providing to the Respondent an undertaking as to damages. Catchwords: Demolition notice, injunctive relief, requirement for undertaking as to damages, balance of convenience, s72(4) Retail Leases Act, 1994 Legislation Cited: Retail Leases Act 1994 Cases Cited: Allen v Jambo Holdings Pty Ltd (1980) 2 ALL ER 502 Car City Minchinbury Pty Limited v Lifestyle Vehicles Pty Limited [2008] NSWADTAP 76 Car City Minchinbury Pty Limited v Lifestyle Vehicles Pty Limited [2008] NSWADTAP 76 Dein & Dein v Bealey (1960) NSWR 385 Nam v Commonwealth Funds Management [2002] NSWADT 80 Spuds Surf Chatswood Pty Ltd v P T Limited [2007] NSWADT 130 Victims Compensation Fund Corporation v Brown [2003] HCA 54 Texts Cited: The Principles of Equitable Remedies by ICF Spry, Seventh Edition 2007 Equity Doctrines and Remedies Fifth Edition 2015, JD Heydon, MJ Leeming and PG Turner Category: Principal judgment Parties: Fancy a Bite Pty Ltd (applicant/ lessee IOF Custodian Pty Limited (respondent/ lessor) Representation: Counsel: Mr Victor Kerr Mr Guy Parker SC Solicitors: David Landa Stewart (applicant) Mills Oakley, Lawyers (respondent) File Number(s): COM 15/06476 Publication restriction: Nil