27 Shields Street Pty Ltd v Peter Pan's Backpacker Adventure Travel Pty Ltd

DISTRICT COURT OF QUEENSLAND CITATION: 27 Shields Street Pty Ltd v Peter Pan’s Backpacker Adventure Travel Pty Ltd [2021] QDC 281 PARTIES: 27 SHIELDS STREET PTY LTD ACN 612 715 410 (Plaintiff) v PETER PAN’S BACKPACKER ADVENTURE TRAVEL PTY LTD ACN 097 725 329 (Defendant) FILE NO: 73 of 2021 DIVISION: Civil PROCEEDING: Application pursuant to rule 292 Uniform Civil Procedure Rules ORIGINATING COURT: DELIVERED  ON: District Court at Cairns 4 August 2021 ex tempore DELIVERED AT: Cairns HEARING DATE: 4 August 2021 JUDGE: Fantin DCJ ORDER: 1.     Summary judgment be given for the plaintiff against the defendant in the sum of $175,823.00. 2.     The defendant pay the plaintiff’s costs of and incidental to this action (including the plaintiff’s costs of and incidental to this application), to be assessed on the indemnity basis.   CATCHWORDS: CIVIL PROCEDURE – ENDING PROCEEDINGS EARLY – APPLICATION FOR SUMMARY JUDGMENT FOR PLAINTIFF OR APPLICANT - whether the defendant has no real prospect of successfully defending all or part of the plaintiff’s claim – whether there is no need for a trial of the claim or part of the claim – where the defendant company did not appear on the application or file any material in response to it – where the plaintiff and the defendant are lessor and lessee respectively under a lease of premises – where the plaintiff claims against the defendant for amounts payable – where the defendant’s pleading raises no triable issue in response to the plaintiff’s claim - Retail Shop Leases...