Brookfield Multiplex WS Retail Landowner (ACN 109 033 794) and AWPF Management No 2 Pty Ltd (ACN 135 365 365) v Valentino Franchise Pty Ltd (ACN 114 469 662)

The applicants, Brookfield Multiplex WS Retail Landowner (ACN 109 033 794) and AWPF Management No 2 Pty Ltd (ACN 135 365 365), sought summary judgment against the respondent, Valentino Franchise Pty Ltd (ACN 114 469 662), in the Federal Circuit Court of Australia. The dispute centred on the non-payment of rent and other costs amounting to approximately $248,000. The applicants sought to recover these sums due under a lease agreement, as well as interest and costs.

The court needed to decide whether the applicants were entitled to judgment without a formal trial, given that the respondent had not filed a defence. Additionally, the court had to determine whether the respondent could set off a claim for damages against the applicants' claim for unpaid rent and other costs. The respondents argued that they had a counterclaim for damages against the applicants for the failure to complete works on the premises, which they believed could be set off against the applicants' claim.

The court found that there was no defence disclosed by the respondent, and as such, the applicants were entitled to judgment in their favour. The court further held that the respondent had no right to set off their claim for damages against the applicants' claim for unpaid rent and other costs. The court ordered the respondent to pay the applicants the sum of $248,499.30, with costs reserved until further order, and the operation of the order stayed for 30 days to allow the respondent to pay the amount.