Tarleton & Peters Pty Ltd v EK Nominees Pty Ltd

Tarleton & Peters Pty Ltd sought an interim order to restrain EK Nominees Pty Ltd from entering into a lease or allowing Harris Farm Markets to sell meat on the premises. The dispute arose from the applicant's concern that the respondent would proceed with the lease, affecting their existing agreement. The case was heard in the Queensland Civil and Administrative Tribunal (QCAT).

The primary legal issue was whether an interim order should be granted to prevent the respondent from proceeding with the lease or allowing Harris Farm Markets to sell meat. Additionally, the court considered the costs associated with the interim application under section 88(1A). The applicant argued for an urgent interim application due to the imminent commencement of the lease and the potential loss of business. The respondent contested the urgency and the basis for the application.

The Tribunal denied the applicant's request for an interim order, concluding that there was no urgency to prevent the lease from commencing. The Tribunal found that the applicant had not demonstrated a sufficient risk of irreparable harm or urgency to warrant an interim order. Regarding the costs, the Tribunal determined that no party should bear the costs of the interim application. The Tribunal referred the matter to the Retail Tenancy Unit for mediation and set deadlines for the parties to file and serve their lists of points for mediation. The final orders included a denial of the interim application and costs, a referral to mediation, and set dates for the submission of mediation points.