Monday 12/05/25 – Property Management Update: VCAT & Property Related Court Cases for April 2025

As an ongoing service to clients, we continue to provide you with details of VCAT retail leasing cases and selected County Court and Supreme Court of Victoria property cases each month.

Here are three cases that may be of interest to you, as summarised below:

VCAT Case

Pettigrew v Futuretek Communications Pty Ltd (Building and Property) [2025] VCAT 352 (22 April 2025)This case dealt with arrears and repair costs sought by a landlord, which were partially successful; however, the lease was deemed an eligible lease under COVID-19 regulations, enabling the tenant to have the bond refunded.

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County Court Case

LVL Transport Pty Ltd v Fuller Road West Pty Ltd as Trustee for Fuller Road Trust; Karanfilovski Investments Pty Ltd and Anor v Fuller Road West Pty Ltd as Trustee for Fuller Road Trust [2025] VCC 419 (9 April 2025) This case dealt with purchasers of industrial lots bought off the plan, where the subdivision was not registered and the vendor sought to cancel the contract. The purchasers were successful.

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Supreme Court Case

SEC New Line Pty Ltd v Muffin Break Pty Ltd [2025] VSC 183 (10 April 2025) This case was an appeal from the Magistrates’ Court by a tenant against a franchisor for deceptive and misleading conduct. The appeal was dismissed.

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