Fri 07/06/24 – Property Management Update: VCAT Cases for May 2024

As an ongoing service to clients we will be providing you with details of VCAT cases each month concerning retail property issues.

Here are two cases which may be of interest to you from the Building and Property List at VCAT which are summarised below:

1. FNB Hotel Pty Ltd v Hotel Carringbush Pty Ltd (Building and Property) [2024] VCAT 426 (7 May 2024)

This case dealt with a costs application against a landlord who sought performance under the terms of the lease from the tenant for alleged breaches yet failed to serve the appropriate notices. In this case the tenants claim for costs was successful.

Further details can be viewed here.

2. Pollio Family Pty Ltd v Faustein (Building and Property) [2024] VCAT 446 (10 May 2024)

This case dealt with several issues including the validity of a Covid 19 rent relief claim, entitlement to terminate the lease and damages in relation to a pharmacy in the CBD. The claim was substantial and the landlord was successful.

Further details can be viewed here.