As an ongoing service to clients, we continue to provide you with details of VCAT retail leasing cases and selected property-related cases each month.
Here are five cases that may be of interest to you, as summarised below:
August
Victorian County Court
Cellmore Real Estate Pty Ltd v Funston [2025] VCC 1205 (25 August 2025)This case dealt with a claim against an agent for advertising and breach of duty of care. In this case, the agent was successful.
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September
VCAT
Unique Laboratories Pty Ltd and Anor v Ho and Anor (Building and Property) [2025] VCAT 838 (8 September 2025) This case dealt with a claim under section 57 of the Act to restrain the landlord from re-entering the leased premises. The landlord was successful in this case.
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H & D Gravell Pty Ltd v May (Building and Property) [2025] VCAT 841 (20 September 2025)This case dealt with a claim by the landlord against a tenant for a number of breaches of the lease for residential use not related to arrears. In this case, the tenant was successful.
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STG Dental Pty Ltd v Mannerside Holdings Pty Ltd (Building and Property) [2025] VCAT 842 (22 September 2025) This case dealt with an injunction sought by the tenant, on account of damage to the property, to prevent re-entry by the landlord. In this case, and subject to a further claim for relief against forfeiture by the tenant, the tenant was successful.
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Victorian Supreme Court
Dejanovic v Sheppard [2025] VSC 588 (18 September 2025) This case dealt with a noisy neighbour adjacent to a rented residence. The applicant was successful and was awarded $207,774 plus costs.
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