As an ongoing service to clients we will be providing you with details of VCAT cases each month concerning retail property issues.
Here are nine cases which may be of interest to you from the Building and Property List at VCAT which are summarised below:
1. Bedford v Mikelsons & Anor (Building and Property) [2023] VCAT 1433 (22 December 2023)
This case dealt with unit holders in a trust some of whom wished to sell some of the properties held. VCAT found that the tribunal had no jurisdiction in the matter.
Further details can be viewed here.
2. Q St Kilda Tenancy Pty Ltd v Bortnik (Building and Property) [2023] VCAT 1384 (5 December 2023).
This case follows an earlier case where the tenant obtained relief of forfeiture. A subsequent claim by the landlord was dealt with for additional arrears based on historic rent increases not applied.
Further details can be viewed here.
3. Kambouropoulos v Skrzeliniski (Building and Property) [2023] VCAT 1419 (13 December 2023)
This case dealt with the withholding of consent by the landlord to an assignment of a lease. In this case the tenant was successful.
Further details can be viewed here.
4. University Meat Supply Pty Ltd v Fit Express Australia Pty Ltd (Building and Property) [2023] VCAT 1421 (20 December 2023)
This case dealt with unresolved Covid 19 rent relief requests.
Further details can be viewed here.
5. Blue Train Cafe Pty Ltd v The Trust Company Limited (Building and Property) [2024] VCAT 75 (19 January 2024)
This case dealt primarily with a dispute over the calculation of outgoings where the tenant sought and was granted an interlocutory injunction against the landlord preventing re-entry onto the premises.
Further details can be viewed here.
6. Premium Hotels Pty Ltd v RAP Development Pty Ltd (Building and Property) [2024] VCAT 56 (11 January 2024)
This case dealt with a tenant being granted an injunction preventing the landlord from re entering the premises where rent and outgoings due were disputed and whether this formed the basis to prevent the exercise of an option to renew the lease.
Further details can be viewed here.
7. Atzil v Seventeen28 Pty Ltd ATF Glenhuntly Unit Trust (Building and Property) [2024] VCAT 23 (8 January 2024)
This case dealt with a dispute over reinstatement works amongst other issues where the bond was retained by the landlord and the tenant sought its return.
Further details can be viewed here.
8. The Monaco Au Pty Ltd v Bondella Pty Ltd (No 2) (Building and Property) [2024] VCAT 18 (4 January 2024)
This case deals with a dispute over the condition of leased premises, the abatement of rent and outgoings and relief against forfeiture.
Further details can be viewed here.
9. Paramount Investments Group Pty Ltd v Club Fogolar Furlan Melbourne (Building and Property) [2024] VCAT 73 (23 January 2024)
This case deals with a dispute where the tenant has sought relief of forfeiture over the quantum of rent payable under sect 57 of the Act and a stay of a previous tribunal order last December.
Further details can be viewed here.