Sigma Constructions (Vic) Pty Ltd v Maryvell Investments Pty Ltd

In the case of Sigma Constructions (Vic) Pty Ltd v Maryvell Investments Pty Ltd, the dispute centered on a licence agreement over a portion of land owned by Maryvell Investments. Sigma Constructions had been granted a licence to operate a restaurant on the rear part of Maryvell's property. The core issues in the case were whether the licence was irrevocable and coupled with the grant, and if it was revocable and subsequently revoked, whether an injunction to restrain the ex-licensee from entering the property as a trespasser could be granted without considering whether the revocation was in breach of any implied negative contractual stipulation. Additionally, the case examined whether the Victorian Civil and Administrative Tribunal (VCAT) had jurisdiction to hear what was described as a "fair trading dispute" concerning the rights granted in relation to the real property.

The legal issues required the court to determine the nature of the licence, specifically whether it was irrevocable or could be revoked by the licensor. If revocable, the court needed to decide whether the ex-licensee's continued presence on the property after revocation constituted trespass and if an injunction could be issued without delving into the specifics of the revocation. Furthermore, the case required the court to interpret the Fair Trading Act 1999 to determine whether the nature of the rights granted in the licence fell within the scope of "services" and whether the dispute between the licensor and the licensee could be categorised as a "fair trading dispute" for the purposes of VCAT's jurisdiction.

The court held that the licence was not irrevocable and could be revoked by the licensor. It was noted that while revocation might breach an implied negative contractual stipulation, this did not preclude the issuance of an injunction to restrain the ex-licensee from entering the property as a trespasser. The court found that VCAT had jurisdiction to hear the dispute as it related to the granting of rights in relation to real property, which the court determined to be a service under the Fair Trading Act 1999. The tribunal's authority to address fair trading disputes was upheld as applicable in this context.

The final orders of the court were that Sigma Constructions was to be restrained from entering the property as a trespasser following the revocation of the licence. The case underscored the importance of clear contractual terms regarding the revocability of licences and the potential jurisdictional reach of VCAT in disputes involving real property rights granted as part of a service.