Waltip Pty Ltd & Anor v Capalaba Park Shopping Centre Pty Ltd [1987] FCA 78

Waltip Pty Ltd & Anor v Capalaba Park Shopping Centre Pty Ltd [1987] FCA 78

An interim injunction restraining District Court proceedings is granted, conditional upon the first applicant paying the disputed cheque amount ($7,938) by the specified date. No condition regarding future rental payment is imposed, as no application was made for such sums and relief must be tailored to the scope of the application.

Parties
First Applicant: WalTip Pty. Ltd.; Second Applicant: Anthony Michael Geaney; Respondent: Capalaba Park Shopping Centre Pty. Ltd.
Jurisdiction
Australia
Judgment Date
16 February 1987
Procedural Posture
Application for Interim Relief / Interlocutory Judgment and Orders
Outcome
Interim injunction granted subject to payment of $7,938; costs of application to be costs in proceedings.
Legal Topics
Interim Injunctions, Lease Disputes, Commercial Tenancy, Payment of Cheque
Commercial Law Contract Law Interim Injunctions Lease Disputes Commercial Tenancy Payment of Cheque

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 1 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

WalTip Pty. Ltd.

First Applicant

Anthony Michael Geaney

Second Applicant

Capalaba Park Shopping Centre Pty. Ltd.

Respondent

Procedural Posture

Application for Interim Relief / Interlocutory Judgment and Orders

Legal Issues

  1. 1 Whether an interim injunction should restrain District Court proceedings pending payment of a disputed cheque related to a commercial lease
  2. 2 Whether applicants have established a prima facie case regarding obstruction of shop by a kiosk not shown on plan
  3. 3 Whether payment of future rental should be condition for relief

Ratio Decidendi

An interim injunction restraining District Court proceedings is granted, conditional upon the first applicant paying the disputed cheque amount ($7,938) by the specified date. No condition regarding future rental payment is imposed, as no application was made for such sums and relief must be tailored to the scope of the application.

Court Disposition

Interim injunction granted subject to payment of $7,938; costs of application to be costs in proceedings.

Orders

  • Subject to payment of $7,938 by the first applicant to the respondent on or before 23 February 1987, the respondent is restrained from pursuing District Court proceedings number 16 of 1987 until further order.
  • Costs of the application be costs in the proceedings.