In a decision of Chief Justice Wayne Martin of the Supreme Court
of Western Australia published 30 September 2014, 2 applications by
the tenant of a substantial retail shop seeking leave to appeal the
award of an arbitrator of a retail shop lease dispute were
dismissed. Mark Fatharly of Kott Gunning appeared as counsel for
the defendant landlord successful in both the arbitration and the
Supreme Court hearing.
The citation for the decision is Solid Gold Jewellers Pty
Ltd v Winston Holdings Pty Ltd [2014] WASC 361.
By way of background, the landlord leased newly renovated
premises to the tenant in Perth, the lease containing an
arbitration clause. One aspect of dispute the subject of the
applications for leave had arisen from findings of the arbitrator
about the standard of fire sprinkler system which the landlord had
been required to install in the context of the lease terms and the
fact that the premises were intended to be used for retail
purposes.
