Gillam v Wheatley

The applicant, Brad Gillam trading as Brad Gillam Electrical Services, filed an application for interim orders against the respondent, Andrew Craig Wheatley, who was the landlord of premises leased by Mr Gillam. The respondent had already purported to terminate the lease and retake possession. The applicant sought various interim orders including relief from forfeiture, restraining orders, and orders to suspend rent and outgoings. The Tribunal was required to determine whether it had the power to make the orders sought and if so, whether it was just and convenient to do so. The Tribunal found that it did not have the power to make an order for relief against forfeiture and was not satisfied that it had the power to make the interim orders sought under the Retail Shop Leases Act 1994 (Qld) or the Retail Shop Leases and Other Commercial Leases (COVID-19 Emergency Response) Regulation 2020. It was not satisfied that the balance of convenience favoured making the interim orders and that damages would not be an adequate remedy if the respondent had acted contrary to law. The Tribunal dissolved the restraining order it had previously made and dismissed the application for interim orders. It made directions for the parties to attempt the mandatory pre-proceeding dispute resolution process through the Queensland Small Business Commissioner and to recommence the proceeding if the dispute had not been resolved through those steps.