Cai & ors v Sydney Markets Ltd (No 2) [2011] NSWADT 199

Cai & ors v Sydney Markets Ltd (No 2) [2011] NSWADT 199

An iPhone does not fall within the category 'Music Players' as defined under the Occupancy Agreement between the applicants and the respondent. The applicants are not entitled to sell or market for sale any cover labelled 'iPhone' or bearing the iPhone logo; and 'used for' in the relevant category means 'commonly or...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
19 August 2011
Procedural Posture
Retail Leases Dispute / Declaration Following Principal Decision; Determined on the Papers
Outcome
Declarations granted as set out; no order as to costs
Legal Topics
['interpretation of Occupancy Agreements' 'authorised Goods Under Lease' 'declaratory Relief' 'estoppel']
['retail Leases' 'contract Law'] ['interpretation of Occupancy Agreements' 'authorised Goods Under Lease' 'declaratory Relief' 'estoppel']

Source-derived case record

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Procedural Posture

Retail Leases Dispute / Declaration Following Principal Decision; Determined on the Papers

Legal Issues

  1. 1 ["Whether an iPhone falls within the category 'Music Players' under the Occupancy Agreement" "Whether applicants may sell or market covers labelled 'iPhone' or bearing an 'iPhone' logo" "Meaning of 'used for' in 'Music Players' classification under the agreement"]

Ratio Decidendi

An iPhone does not fall within the category 'Music Players' as defined under the Occupancy Agreement between the applicants and the respondent. The applicants are not entitled to sell or market for sale any cover labelled 'iPhone' or bearing the iPhone logo; and 'used for' in the relevant category means 'commonly or often used for', rather than any mere possible use.

Court Disposition

Declarations granted as set out; no order as to costs

Orders

  • ["Declare that an iPhone does not fall within the category 'Music Players' as defined under the Occupancy Agreement between the Applicants and the Respondent in each proceeding." "Declare that the Applicants in each proceeding are not entitled to sell or market for sale any cover which is labelled 'iPhone' or bears...