As an ongoing service to clients we continue to provide you with details of VCAT retail leasing cases and select Supreme Court of Victoria property cases each month.
Here are three cases which may be of interest to you from the Building and Property List at VCAT which are summarised below:
1.Cheng v Wang Anor (Building and Property) [2024] VCAT 972 (4 October 2024) This case dealt with a tenant seeking an injunction to prevent a landlord from re entering the premises for alleged breaches including refusal for allow access , works done without consent and maintenance not undertaken. The tenant was successful in their claim.
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2. Great Balls of Fire Imports Pty Ltd v Bridgehead Proprietary Limited (Building and Property) [2024] VCAT 985 (8 October 2024) This case concerned an extension of lease that was found not to have been agreed to as well as arrears due and the failure to provide a bank guarantee. The tenant had sought an interim injunction against the landlord seeking to prevent them acting upon their Section 146 notice. In this case the landlord was successful.
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3. Deng and Deng Pty Ltd v McPhee and Anor (Building and Property) [2024] VCAT 1025 (23 October 2024) This case dealt with a tenant seeking to re occupy premises after being locked out and then occupied by the landlord. Issues such as the tenants obligation to maintain the premises such as gutter cleaning and compliance with painting and re carpeting provisions of the lease were also dealt with. The tenant was successful in having their occupancy reinstated.
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In the Supreme Court of Victoria we had two cases of interest which are summarised below:
1. Delma Investments Pty Ltd v Commissioner of State Revenue [2024] VSC 649 (25 October 2024) This case dealt with a land tax appeal where the appellant (land holder) sought an exemption as the land was used for primary production. However, as the land was not worked in a substantially full time capacity and for other reasons, the appeal against the assessment failed.
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2. Angad Trans Pty Ltd v Marino Chiarelli [2024] VSC 622 (10 October 2024) This cased concerned the retention of the deposit paid being $950,000 to a vendor. A delay in settlement led to a claim by the plaintiff (purchaser) to seek a revised interpretation of conditional clauses in the contract to extend settlement. The action was not successful and the Defendant (Vendor) received a favourable judgement.
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