› Determining when Lease commenced pursuant to clauses within “Agreement to Lease” and “Lease”
› Several potential dates for commencement of lease were submitted by Defendant
› Plaintiffs argued lease did not commence and no Lease Commencing Date
› Commercially unrealistic to conclude that no lease had commenced in the light of the parties’ conduct
Contracts
› Unconscionable conduct
› Misleading or deceptive conduct
› Whether Defendant’s conduct in terminating lease is unconscionable pursuant to meaning within s 46A of the Retail Shop Leases Act 1974 (Qld) or pursuant to s 20 or s 21 of the Australian Consumer Law, or misleading or deceptive conduct
Contracts
› Breach of contract
› Parties entered into a contract consisting of an Agreement for Lease and Lease of certain premises
› Whether Plaintiff in breach of contract
› Whether Defendant entitled to terminate lease
Contracts
› Breach of contract
› Consequences of breach
› Right to damages
› Quantum of damages agreed to by the parties during course of hearing
