Spuds Surf Chatswood Pty Ltd v PT Ltd (No 2) (RLD)

Spuds Surf Chatswood Pty Ltd brought an appeal against PT Ltd in relation to a retail lease dispute. The lease at issue was for a shop in a shopping centre, and the Appellant claimed that the Respondent had obstructed sight-lines and access to the shop, and engaged in unconscionable conduct. The dispute also involved the assessment of damages for the losses suffered by the Appellant due to the alleged obstruction and unconscionable conduct. The matter was heard in the New South Wales Supreme Court.

The legal issues before the court included whether the Respondent's actions constituted an obstruction of sight-lines and access to the shop, and whether the Respondent engaged in unconscionable conduct. The court was also required to determine the appropriate amount of damages to be awarded to the Appellant for the losses suffered due to the obstruction and unconscionable conduct. Additionally, the court had to decide on the costs associated with the appeal.

The court found that the Respondent had indeed obstructed sight-lines and access to the shop, and had engaged in unconscionable conduct. The court determined that the Appellant was entitled to damages in the amount of $97,535.72. The court further ordered that the Appellant was to file and serve its supplementary submissions relating to the appeal, and its submissions relating to the costs of the present appeal. The Respondent was to file and serve submissions in reply within a further 28 days. The court also provided instructions for the service of submissions by the Intervenor relating to the appeal in file 119042. The questions regarding costs would be decided 'on the papers', unless the Appeal Panel determined that a hearing should take place.