Mon 18/09/24 – Property Management Update: VCAT Cases for August 2024

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

Here are three cases which may be of interest to you from the Building and Property List at VCAT which are summarised below:

1. Jomar Nominees Pty Ltd v Oak Park Fish and Grill Pty Ltd (Building and Property) [2024] VCAT 783 (9 August 2024).

This case dealt with Covid 19 settlement related repayments, whether or not the tenant had exercised the option and reinstatement  costs. The lease was found not to have been exercised and the landlord was able to recover some reinstatement costs but not legal costs associated with a prior settlement.

Further details can be viewed here.

 

2. The U Monash Pty Ltd v Monash University (Building and Property) [2024] VCAT 787 (19 August 2024).

This case dealt with Covid 19 rent relief in which the tenant was able to claim successfully and outgoings, which the landlord claimed successfully.

Further details can be viewed here.

 

3. Apostles Pty Ltd v Torca Constructions Pty Ltd (Building and Property) [2024] VCAT 815 (23 August 2024).

This case dealt with a significant dispute over unpaid rent. The landlord (Receiver and Manager appointed) was successful in their claim.

Further details can be viewed here.