Co-founder of B&B Markets Rooftop, Brad Fisher says the rooftop market has operated in the Rosebank premises for almost 20 years, over which time it has attracted millions of visitors to the Mall and provided a livelihood to thousands of traders.

"B&B Markets has a lease which continues for another four years and which gives the landlord the right to take away portions of the premises for expansion but not to take over the whole of the premises", says Mr Fischer.

According to Mr Fisher, Hyprop decided to unilaterally move the market to another location and the negotiations between the parties have all been on whether other suitable premises could be found. Hyprop could offer no detail of the new premises, which made it impossible for B&B to reach agreement with them. "Their (Hyprop) statement that the proposed new premises were all under the roof is simply untrue. The new premises had to be suitable for the traders and the public or the market would fail", comments Mr Fisher.

Mr Fisher says Hyprop plans new premises for Woolworths on the B&B market site and was not interested in the terms of the lease or the detrimental impact to the traders who depended on the market to make a living.

When the eviction of B&B was taken to arbitration, Hyprop won the arbitration. The matter was promptly taken on appeal, while Hyprop pressed ahead with renovations making the premises unsuitable for the market even if B&B won.  

The appeal panel of three highly regarded retired judges were unanimous in deciding that Hyprop had been wrong to cancel the lease and evict B&B.

Mr Fisher concludes that : "We are doing our best to keep the market going and protect the livelihoods of the traders, but Hyprop is an enormous company with deep pockets and we are small fry in comparison."