National Property Acquisitions Pty Ltd v IDS Investments Group Pty Ltd

National Property Acquisitions Pty Ltd, trading as Workshop Art Gallery, sought an interim order from the Queensland Civil and Administrative Tribunal (QCAT) against IDS Investments Group Pty Ltd, restraining the landlord from taking a prescribed action in reliance on a notice to remedy a breach of covenant. The application was made in the context of the Retail Shop Leases and Other Commercial Leases (COVID-19 Emergency Response) Regulation 2020 (Qld) which came into effect in response to the COVID-19 pandemic. The applicant argued that the landlord's actions were a prescribed action under the regulation, and the interim order was necessary to protect its position pending a final determination of the matter. The respondent argued that damages would be an adequate remedy and that the applicant had not complied with the requirements of the regulation.

The Tribunal considered the factors relevant to making an interim restraining order, including the need to protect the applicant's position for the duration of the proceeding and whether damages would be an adequate remedy. The Tribunal noted that the applicant was seeking to enforce a statutory prohibition and that the regulation did not expressly provide a right to damages for contravention. The Tribunal was satisfied that it was in the interests of justice to make an interim order, and it made directions to assist with the timely determination of the substantive application. The Tribunal also noted that the parties had not participated in the mediation process, which was usually a mandatory pre-requisite to the Tribunal being empowered to make orders in respect of retail shop lease disputes.

The Tribunal made an interim order restraining the landlord from taking a prescribed action in reliance on the notice to remedy a breach of covenant until the determination of the substantive application. The Tribunal also made directions for the filing of evidence and statements, and for a directions hearing to be held by telephone. The Tribunal observed that communications between the parties should not be sent to it unless they were attached to statements of evidence to be relied upon by a party in seeking orders. The Tribunal noted that it did not have unlimited jurisdiction in respect of disputes between tenants and landlords and that its powers to make orders were derived from the QCAT Act or a relevant enabling Act.