The defendant commenced substantial renovations of a shopping centre where the plaintiffs operated a news agency as assignee of an existing lease. Prior to commencement of the works the plaintiff commenced negotiations for a new lease. The business did not succeed and was wound up. Both leases included terms implied under r s.43(1)(b) and (c) Retail Shop Leases Act 1994 (Qld) which obliged the defendant to pay compensation for loss caused by the works which restricted access to, or the flow of customers past, a leased shop or disrupted trading in a leased shop. The plaintiffs alleged that certain actions by the defendant in the course of the works met the requirements of s. 43(1)(b) and/or (c) in relation to both shops, giving rise to a right to compensation to for loss caused by those actions.
Claire Schneider appeared for the defendant, instructed by Norton Rose Fulbright.
The judgment is available here.