In Aussie Traveller Pty Ltd v Marklea Pty Ltd [1998] 1 Qd R 1, the Queensland Court of Appeal dealt with a dispute between a tenant (Aussie Traveller) and its landlord (Marklea). The core issue revolved around whether Marklea breached the lease agreement by not preventing another tenant's activities from disturbing Aussie Traveller's use of the premises for its business of manufacturing and selling caravan awnings, annexes, and camping equipment. The court explored whether an implied promise existed, suggesting Marklea had an obligation to ensure that Aussie Traveller's business operations were not unreasonably disturbed by the actions of another tenant, Top Flight, who engaged in activities that created excessive noise and sawdust. The appeals concerning the amounts awarded for damages were largely dismissed except for minor adjustments, with the court emphasising the landlord's responsibilities under the lease that indirectly contribute to ensuring that the leased premises remain fit for the agreed-upon use.
From the TLDR Caselaw Archive