As an ongoing service to clients, we continue to provide you with details of VCAT retail leasing cases and selected property-related cases each month.
Here are six cases that may be of interest to you, as summarised below:
VCAT Case
1.Qureshi v Doti (Building and Property) [2025] VCAT 934 (21 October 2025) This case dealt with a tenant who failed to exercise an option to renew the lease and sought to challenge the landlord. In this case the tenant was not successful.
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2.Viju Pty Ltd v Spicy Management Pty Ltd (Building and Property) [2025] VCAT 940 (22 October 2025) This case dealt with a tenant who sought a change of use permit for a salon, was unsuccessful, vacated and damages were sought by the landlord. In this case the landlord was successful.
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3.San Remo Australia Pty Ltd v San Remo Holdings Pty Ltd (Building and Property) [2025] VCAT 970 (29 October 2025) This case dealt with a share transfer of the tenant’s company constituting a potential breach of the lease entitling the landlord to issue a Section 146 notice. In this case the tenant was successful and the landlord was unable to terminate the lease or re-enter the premises.
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County Court of Victoria
1.LFRACM INC v Halski Pty Ltd & Anor [2025] VCC 1506 (16 October 2025) and LFRACM INC v Halski Pty Ltd & Anor (No 2) [2025] VCC 1557 (29 October 2025) These two cases dealt with the application of the Act where a lease has a term in excess of 15 years. In this case the lease was for a term of 21 years and the tenant who operated a caravan park was successful in claiming that the Act applied to this lease. Further details of both cases can be found in the below links.
Supreme Court of Victoria
1.Coles Supermarkets Australia Pty Ltd v Warfe [2025] VSC 614 (1 October 2025) This case Coles challenged the entitlement to damages for a member of the public who slipped and damaged their knee at a supermarket in Frankston. In this case the defendant was successful.
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2.Keybeach Pty Ltd v Owners Corporation Plan No. PS426578P [2025] VSC 621 (3 October 2025)This case dealt with a dispute with the original developer of a site in Richmond and the owners corporation over the validity, access and rent paid for a rooftop lease to Vodafone Pty Ltd. In this case the developer was successful.
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