Bigdale Pty Ltd trading as Enigma at the Royal Motor Yacht Club v Royal Motor Yacht Club of NSW Port Hacking Branch

The dispute between Bigdale Pty Ltd, trading as Enigma at the Royal Motor Yacht Club, and the Royal Motor Yacht Club of NSW Port Hacking Branch, was brought before the Supreme Court of New South Wales. The plaintiff, Bigdale Pty Ltd, operates a restaurant within the club's premises and sought an injunction to prevent the defendant from enforcing a notice to vacate. The plaintiff argued that its occupation of the premises was regulated under the Retail Leases Act 1994, and therefore, the defendant's notice was invalid. The defendant, on the other hand, sought to dissolve the injunction and enforce the notice to vacate.

The legal issues before the court were whether there was a serious question to be tried regarding the applicability of the Retail Leases Act 1994 to the plaintiff's occupation of the premises, and whether the balance of convenience favoured the grant of injunctive relief. The court needed to determine if the plaintiff had a valid claim that its occupation of the premises was protected by the Retail Leases Act 1994 and if the plaintiff's position was sufficiently strong to justify the grant of an injunction.

The court found that there was a serious question to be tried concerning the applicability of the Retail Leases Act 1994. It acknowledged that the nature of the plaintiff's occupation and the terms of the agreement between the parties were central to determining whether the Act applied. The court also considered the balance of convenience, noting that the plaintiff's business operations and potential loss if the injunction was lifted weighed in favour of maintaining the status quo. Consequently, the court concluded that the plaintiff had demonstrated a strong case warranting the continuation of the injunction until the substantive proceedings were resolved.

The court ordered that the injunction restraining the defendant from acting on the notice to quit premises would remain in place until the substantive proceedings were determined. This decision ensured that the plaintiff could continue to operate its restaurant within the club's premises while the serious questions of law regarding the application of the Retail Leases Act 1994 were addressed in the full trial.