Tue 08/08/23 – Property Management Update: VCAT Cases for July 2023

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

Here are four cases which may be of interest to you on the Building and Property List at VCAT which are summarized below.

1. TriHealth Medical Centre Pty Ltd v 4S Medical Investments Pty Ltd (Building and Property) [2023] VCAT 789 (12 July 2023)

This is an ongoing case where the tenant had vacated the premises by agreement and sought to recover half of the bond which it was successful in doing so.

Further details of the case are available HERE.


2. DJ & CC Pty Ltd v Williams (Building and Property) [2023] VCAT 81 (13 July 2023)

This case concerned a claim for loss including the costs of reletting the premises claimed by the landlord after terminating the lease. The landlord was successful however not all of the costs claimed by the landlord such as application and letting fees were awarded to the landlord.

Further details of the case are available HERE.

3. CJ & SC Heislers Nominees Pty Ltd v Lynch (Building and Property) [2023] VCAT 825 (19 July 2023)

This is a case concerning a dispute between co owners of a property concerning the sale by valuation as opposed to public auction.

Further details of the case are available HERE.


4. YCW Football, Sporting & Social Club (Bendigo) Inc v Roman Catholic Trusts Corporation for the Diocese of Sandhurst (Building and Property) [2023] VCAT 854 (25 July 2023)

This case concerned a relief of forfeiture claim brought by the tenant which was successful. The validity of the section 146 notice to vacate the premises and permitted use were features of the case.

Further details are available HERE.

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