As an ongoing service to clients we will be providing you with details of VCAT cases each month concerning retail property issues.
Here are five cases which may be of interest to you from the Building and Property List at VCAT which are summarised below:
1. Pelicana Leasing Pty Ltd v Shayher Properties Pty Ltd (Building and Property) [2024] VCAT 86 (1 February 2024)
This case concerned the tenants successful application for relief of forfeiture following re entry by the landlord for non payment.
Further details can be viewed here.
2. Xue v Hantang International Pty Ltd (Building and Property) [2024] VCAT 112 (9 February 2024)
This case dealt with damages for breach of the lease following termination by the landlord. S46 and S57 and reinstatement issues were part of the case.
Further details can be viewed here.
3. Lyall v Element Five Pty Ltd (Building and Property) (Costs) [2024] VCAT 121 (13 February 2024)
This case concerned a claim over water egress by an adjoining owner seeking to strike out a costs application against them. The party who was the original defendant was successful in obtaining costs.
Further details can be viewed here.
4. Turner v The J-Team Vision Pty Ltd (Building and Property) [2024] VCAT 144 (20 February 2024)
This case dealt with a claim by the tenant for Covid 19 rent relief in which the tenant was successful.
Further details can be viewed here.
5. Paramount Investments Pty Ltd v Club Fogolar Furlan Melbourne (Building and Property) [2024] VCAT 169 (26 February 2024)
This is a dispute that has been before VCAT previously. The tenant was successful in obtaining relief of forfeiture pending a future directions hearings.
Further details can be viewed here.