Prasad v Fairfield City Council

In the matter of Prasad and others versus Fairfield City Council, the case was heard in the Supreme Court of New South Wales. The applicants, the Prasads, sought relief from forfeiture and an injunction against the council to prevent a breach of the lease's covenant. The dispute centred around the authorised use of the shopping centre and the alleged breach by the occupant of shop 1, who was selling hot barbecued chickens and prepared coffee, contrary to the terms of the lease.

The legal issues before the court were whether the council had breached the lease by allowing the occupant of shop 1 to sell hot barbecued chickens and prepared coffee and whether the council was required to prevent such sales. Additionally, the court had to determine if the Applicants were entitled to relief from forfeiture and if the council was to be restrained from entering into any lease that would allow the preparation or sale of takeaway foods or the operation of a restaurant selling similar foods to those sold by the Applicants.

The court found that the council had indeed breached the covenant by allowing the occupant of shop 1 to sell hot barbecued chickens and prepared coffee. The court also held that the Applicants were entitled to relief from forfeiture and that the council was to be restrained from entering into any lease that would permit the preparation or sale of takeaway foods or the operation of a restaurant selling similar foods to those sold by the Applicants. Consequently, the court ordered the council to submit a lease document to the Applicants, which all parties were to execute by a specified date. The council was further ordered to take action to prevent the occupant of shop 1 from selling hot barbecued chickens and prepared coffee and to ensure that all occupants of the shopping centre traded within the authorised use in their respective leases. The court also directed the council not to enter into any lease that would allow the preparation or sale of takeaway foods or the operation of a restaurant selling similar foods to those sold by the Applicants.