As an ongoing service to clients, we continue to provide you with details of VCAT retail leasing cases and selected County Court and Supreme Court of Victoria property cases each month.
Here are four cases that may be of interest to you, as summarised below:
VCAT Case
1.Saoud v Tidecab Pty Ltd ATF The Simovic Family Trust (Building and Property) [2024] VCAT 1212 (18 December 2024) This case involved a claim by a tenant, a tobacconist, seeking to restrain the landlord from terminating the lease following the execution of a warrant at the premises. In this instance, the landlord was successful.
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County Court Cases
1. Horgan v Equi Ventures Pty Ltd and Anor (Ruling) [2024] VCC 1965 (12 December 2024) This case concerned a claim against a tenant for rent and outgoings due. The landlord’s claim was unsuccessful, as the court found that the permitted use – being an equestrian centre – was subject to the Act. As a result, the parties would need to resolve the dispute through mediation with the Office of the VSBC and, if necessary, VCAT.
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2. Amazon Creek Pty Ltd v DVLPMNT Group Pty Ltd & McLeod [2025] VCC 29 (31 January 2025) This case dealt with the termination of a sale under due diligence for $2.65 million. The purchaser successfully argued that the conditions of the contract – namely, site contamination and redevelopment potential—had not expired and did not permit termination by the vendor.
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Supreme Court Case
1. Aldi Foods Pty Ltd v Northcote Shopping Centre Pty Ltd [2024] VSC 799 (20 December 2024) This previously reported case dealt with a cap on retail tenancy rent reviews not being permitted, a position that had been consistently applied at VCAT. This has now been overturned, and caps on rent reviews limiting the amount of the increase are valid.
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