Arora Supermarkets Pty Limited v Franklins Pty Limited [2015] NSWSC 1766

Supreme Court New South Wales

Medium Neutral Citation: Arora Supermarkets Pty Limited v Franklins Pty Limited [2015] NSWSC 1766 Hearing dates: 13 November 2015 Date of orders: 13 November 2015 Decision date: 27 November 2015 Jurisdiction: Equity - Duty List Before: White J Decision: Plaintiff's application for relief sought refused. Catchwords: LANDLORD AND TENANT – options to renew – plaintiff purportedly exercised option to renew a sublease with the defendant – sublease option was conditional upon the defendant's exercising an option to renew the head lease with a third party – plaintiff sought orders to compel the defendant to exercise the head lease option – whether defendant was estopped from denying that it would exercise the head lease option, or whether it had engaged in misleading or deceptive conduct or unconscionable conduct – whether orders sought were interlocutory or final – held, dismissing the application, that: (1) the plaintiff must have known of the terms of the sublease, at least after it was varied following a prior exercise of the option to renew; (2) the defendant did not induce any expectation in the plaintiff, and did not know of any such expectation; and (3) the defendant did not engage in misleading or deceptive conduct, or in unconscionable conduct Legislation Cited: Australian Consumer Law Cases Cited: Adam P Brown Male Fashions Pty Ltd v Philip Morris Inc (1981) 148 CLR 170 Carr v Finance Corporation of Australia Limited (1981) 147 CLR 246 Attorney-General (NSW) v World Best Holdings Pty Ltd [2005] NSWCA 261; (2005) NSWLR 557 Kolback Securities Ltd v Epoch Mining NL (1987) 8 NSWLR 533 Category: Procedural and other rulings Parties: Arora Supermarkets Pty Limited ACN 144 813 990 (Plaintiff) Franklins Pty Limited ACN 096 722 904 (Defendant) Representation: Counsel: D R Pritchard SC with T Hollo (Plaintiff) D L Cook (Defendant)