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 on the Building and Property List at VCAT which are summarized below.
1. The Federal Cafe Restaurant Bar Pty Ltd as Trustee for The Federal Café Restaurant Bar Family Trust v Hamotran Pty Ltd (Costs) (Building and Property) [2023] VCAT 909 (7 August 2023)
This case dealt with a claim by the landlord for legal costs for proceedings against the tenant. In this case the landlord was successful.
Further details can be viewed here.
2.Menmere Pty Ltd v Jiang (Building and Property) [2023] VCAT 941 (10 August 2023)
This case dealt with a claim against a tenant for arrears after eviction until the premises were relet and removal of the tenants goods. The landlord was successful in this claim.
Further details can be viewed here.
3.Janther Nominees Pty Ltd v Sau (Building and Property) [2023] VCAT 934 (11 August 2023)
This was a case where a sub landlord unusually, sought an order for security of costs against a sub tenant. In this case the sub landlord was not successful.
Further details can be found here.
4. Nguyen v Noordenne Derrimut Village Pty Ltd (Building and Property) [2023] VCAT 966 (21 August 2023)
This case was also about the recovery of legal costs and audit fees from a tenant by a landlord. The landlord was successful.
Further details of the case can be found here.
5. Amazing Accommodations Pty Ltd v OU (Building and Property) [2023] VCAT 986 (23 August 2023)
This case concerning the basis of a rent review in a further term of the lease and non payment of outgoings in accordance with section 46 of the Act. In this case the tenant was successful in their claim to not pay outgoings however , the rent review provision in the lease was upheld.
Further details of the case can be found here.