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.
Below are 8 recent property-related cases from the courts that may be of interest:
VCAT Cases
1. Calafati v Jas H. Stephens (Vic) Pty. Ltd. [2026] VCAT 813 (5 October 2026).
This case dealt with a landlord who alleged that the managing agent had failed to provide property management services with due care and skill. The case was dismissed.
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2. Hughes v Commissioner of State Revenue [2026] VCAT 806 (6 October 2026).
This case dealt with the Vacant Residential Land Tax – holiday home exemption for an apartment in Carlton, where the applicant’s principal place of residence was in Carlton North. The application was dismissed.
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3. INAS Australia (Italian Welfare) Inc v Commissioner of State Revenue [2026] VCAT 779 (12 October 2026).
This case dealt with an application to exempt a charity from the obligation to pay stamp duty on the transfer of a property. The application failed.
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4. Sangoma Holdings Pty Ltd v Quest Dandenong Tenancy Pty Ltd [2026] VCAT 867 (15 October 2026).
This case dealt with the recovery of water rates from the tenant. As the landlord had not issued a notice pursuant to Section 46 or Section 47 of the Act, the case was dismissed.
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County Court of Victoria
1. Pine Universe v Quanta Services Australia [2026] VCC 1767 (28 October 2026).
This case dealt with a landlord seeking to recover building expenses over several years. Many of the claimed outgoings were not recoverable, so the tenant was relieved of the full extent of the claim.
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Supreme Court of Victoria
1. City Edge South Melbourne Holdings Pty Ltd v Dehou Capital Pty Ltd atf the Leong Investment Unit Trust [2026] VSC 671 (16 October 2026).
This case dealt with a tenant seeking injunctive relief to prevent the landlord from terminating the lease due to rent arrears. The tenant sought to have the landlord sign a right of entry deed with NAB, which the landlord had refused to do, and undertake repairs. The tenant’s application was dismissed.
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2. KADS Warehousing & Logistics Pty Ltd v Tarantino Investments Pty Ltd [2026] VSC 676 (21 October 2026).
This case involved the return of a security deposit under a sublease. The applicant was successful in seeking a partial return of the bond.
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3. Thornhill Park Developments Pty Ltd v Commissioner of State Revenue [2026] VSC 689 (23 October 2026).
This case dealt with additional stamp duty being imposed on the purchaser following the exercise of a nomination clause in a contract of sale. The purchaser was unsuccessful in reversing the assessment.
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