Hungry Viking Pty Ltd v Hinchinbrook Shire Council

Hungry Viking Pty Ltd atf The Wrench Trust t/as Pepper for Passion @ TYTO brought a claim against the Hinchinbrook Shire Council for alleged misrepresentation and failure to deliver premises at the commencement of the lease. The matter was heard by the Queensland Civil and Administrative Tribunal. The central legal issues were whether the Council had misrepresented that it would promote and market the restaurant and that the insect population would not be a problem for the restaurant. The Tribunal also had to determine if Hungry Viking was entitled to compensation for the Council's failure to deliver the premises on the lease commencement date.

The Tribunal found that Hungry Viking did not suffer any loss due to the delay in handing over the premises as it was not operating the business at that time. Regarding the promotion issue, the Tribunal concluded that the Council did not represent it would prepare and erect signage for the restaurant. Instead, the Council's intention was to promote the TYTO precinct and the existence of a restaurant as part of it. The Tribunal found that the Council had fulfilled its representation to promote the restaurant to hirers of the Convention Centre as an option for their functions. Concerning the insect issue, the Tribunal held that no representation was made by the Council that insects would not be a problem for the restaurant. The Tribunal dismissed the application and ordered that judgment be entered for the Council against Hungry Viking on the counter-application in the sum of $15,203.00. The parties were given 14 days to file and serve written submissions on the question of costs.