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 eight cases that may be of interest to you, as summarised below:
VCAT Case
1.Cristiano v Prime Kwality Foods Pty Ltd (Building and Property) [2025] VCAT 580 (10 July 2025) This case dealt with damages for the removal and disposal of a tenant’s goods following re-entry. The landlord’s claim was partially successful; however, the tenant’s substantial counterclaim was wholly successful.
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2.Oasis Bakery Pty Ltd v Theodosiou (Building and Property) [2025] VCAT 632 (16 July 2025) This case dealt with a market rent review, which was set aside in favour of the tenant.
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3.Barci v Kovsan Pty Ltd (Building and Property) [2025] VCAT 709 (16 July 2025) This case dealt with the return of a security deposit, the calculation of interest on the bond, and costs. The tenant was partially successful.
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4.Yuen’s Family Investments Pty Ltd v Advance Chinese Massage Pty Ltd (Building and Property) [2025] VCAT 682 (30 July 2025) In this case, the landlord claimed rent and outgoings due but did not comply with the relevant sections of the Retail Leases Act 2003, namely ss 35, 46, 92 and 94, and the case was dismissed.
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5.Supreme Bay Pty Ltd v Ventofond Pty Ltd (Building and Property) [2025] VCAT 723 (30 July 2025) This case also dealt with a market rent review for licensed premises in Port Melbourne, which the tenant sought to have set aside, but the application was dismissed.
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6.Dalziel v Veev Pty Ltd (Building and Property) [2025] VCAT 681 (30 July 2025) This case also dealt with a market rent review for licensed premises in Bendigo, which the landlord sought to set aside, but the application was dismissed.
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Victorian Supreme Court
Merrifield Corporation Pty Ltd v FAL Mickleham (No 2) [2025] VSC 390 (3 July 2025) This case dealt with the modification of a restrictive covenant in a business park (formerly owned by Kaufland) prohibiting subdivision of land or the creation of two occupancies.
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High Court of Australia
Valuer-General Victoria v WSTI Properties 490 SKR Pty Ltd [2025] HCA 23 (11 June 2025) Readers may recall the previous Court of Appeal of the Supreme Court of Victoria case in 2024, wherein the landowner successfully appealed a rating valuation in pursuit of a land tax reduction. The Valuer-General of Victoria was successful in setting aside the prior ruling.
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