Wednesday 17/06/26 – Property Management Update: Property Related Court Cases for Apr/May 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 three recent property-related cases from the courts that may be of interest:

 

County Court of Victoria

Volk Road 2020 Pty Ltd v Adam White Pty Ltd VCC (13 April 2026) (unreported).

This case involved the termination of a lease where the site was used for storage purposes and was found at trial to be a retail lease. In this case, the tenant (the defendant) was successful in having the action dismissed. Thank you to Sam Hopper for providing this citation.

Click Here for Further Details.

 

Supreme Court of Victoria

1. Q St Kilda Tenancy Pty Ltd v Gurr [2026] VSC 185 (2 April 2026).

This case concerned a tenant seeking to exercise an option to renew a lease despite having failed to remedy historic repair notices. In this case, the tenant was unsuccessful in exercising the option.

Click Here for Further Details.

 

2. Karam Investments Pty Ltd v Close the Loop [2026] VSC 270 (8 May 2026).

This case concerned a landlord’s claim for damages arising from a fire at a recycling centre. The lease was found to be a retail lease, and the tenant successfully defended the claim, as negligence was not established.

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A costs order in favour of the tenant was subsequently made in May 2026, details of which can be found here.