Tuesday 28/07/26 – Property Management Update: Property Related Court Cases for June 2026

As an ongoing service to our clients, we continue to provide monthly updates on Victorian Civil and Administrative Tribunal (VCAT) retail leasing cases and selected property-related decisions.

Please note that there have been no relevant VCAT retail leasing cases since February 2026.

Below are 5 recent property-related cases from the courts that may be of interest:

 

Supreme Court of Victoria

 

1. Barr Corporation Pty Ltd v Roff [2026] VSC 334 (2 June 2026)

This case dealt with the dumping of toxic waste by a tenant inside a factory in Braeside. The Court awarded damages against the tenant in excess of seven million dollars.

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2. MacDonald & Co v Kharty [2026] VSC 336 (2 June 2026)

This case dealt with a building contract that was terminated as a result of alleged violent, threatening, and intimidating behaviour by the contractor. In this case, the party seeking to terminate the contract was successful.

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3. Gliddon v Latham Professional Services Company Pty Ltd & Ors [2026] VSC 338 (3 June 2026)

This case involved a licence for a dental practice that had operated over many years and was subsequently terminated. The licensee claimed that the agreement was a sublease subject to the Retail Leases Act 2003. The licensee was unsuccessful in that claim.

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4. England v Iddon [2026] VSC 390 (15 June 2026)

This case was an appeal from a previous VCAT decision and concerned a tenant who was locked out of premises in Portland for failing to pay rent and outgoings due under a Section 146 notice. The tenant was unsuccessful in overturning the notice.

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High Court of Australia

 

1. Commissioner of Taxation v Bendel [2026] HCA 18 (10 June 2026)

This case confirmed that an unpaid present entitlement (UPE) between a discretionary trust and a beneficiary company does not fall within the extended definition of a “loan” for Division 7A purposes where there has been no call for payment of the entitlement.

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