Skiwing Pty Ltd v Trust Company of Australia Limited

Skiwing Pty Ltd sought an order enforcing its right to contributions for outgoings from Trust Company of Australia Limited under a retail lease. The dispute involved the interpretation of the lease terms and relevant legislation. The court was required to determine whether the applicant was entitled to enforce the obligation to contribute to outgoings, and if so, the amount due and interest payable. The court found that the applicant was entitled to enforce the obligation under the lease and the Retail Leases Act 1994. It calculated the unpaid outgoings and promotional levy, and ordered the respondent to pay these amounts plus interest within 21 days. The court dismissed the application for costs.