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 four cases that may be of interest to you, as summarised below:
VCAT Cases
1. Storage Depot Pty Ltd v EVP Brooklyn Logistics Park Pty Ltd (Building and Property) [2026] VCAT 8 (6 January 2026) This case dealt with a rental determination in which a rent-free incentive provided during the first year established a low base rent, plus annual 3% increases for the subsequent years of the lease. In effect, the incentive was not spread over the term and resulted in a loss to the landlord of approximately $600,000. The case was decided in favour of the tenant.
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2. Mi & Anor v B & H Hong Pty Ltd (Building and Property) [2026] VCAT 28 (16 January 2026) This case dealt with a rental determination for a restaurant and café on St Kilda Road. In this case, the rental determination was set aside, and the landlord was successful.
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3. Oasis Bakery Pty Ltd v Theodosiou (Building and Property) [2026] VCAT 37 (20 January 2026) This case dealt with a claim for unconscionable conduct by a tenant against a landlord arising from the issue of a Section 146 notice for unauthorised building works. The case was dismissed, and the landlord was awarded damages.
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4. Diamond 6 Pty Ltd v Japmann Group Pty Ltd (Building and Property) [2026] VCAT 48 (27 January 2026) This claim involved a landlord’s claim against a tenant for arrears in relation to industrial premises, and a counterclaim by the tenant that the lease was invalidly executed. In this case, the landlord was successful.
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