Spuds Surf Chatswood Pty Ltd v P T Limited

Spuds Surf Chatswood Pty Ltd (Applicant) sought an interim order against P T Limited (Respondent) to prevent eviction from premises at Westfield Shoppingtown Chatswood. The case was heard in the relevant tribunal. The central dispute centred on the right of the Applicant to remain in possession of the premises and the conditions, if any, under which this right could be upheld pending a final decision.

The tribunal had to decide whether the Applicant could be evicted and, if not, what conditions should be imposed to permit the Applicant to stay in possession of the premises. This included assessing whether the Applicant should be required to pay a certain amount of rent and provide security for unpaid rent. The tribunal also needed to address the issue of costs, particularly those incurred due to adjournments and the vacating of hearing dates.

The tribunal ruled that the Applicant could not be evicted from the premises while the application was pending, subject to certain conditions. These conditions included the payment of a monthly rent of $25,000, with the first payment due within seven days of the decision date. Additionally, the Applicant was required to provide security for unpaid rent, with the exact amount to be determined by agreement or by the tribunal if no agreement was reached. The tribunal also addressed the costs issue by requiring the Applicant to pay certain costs immediately, with an option to satisfy these costs through providing security if the Applicant sought a variation. The tribunal scheduled further directions and set deadlines for the filing of documents and affidavits.