As an ongoing service to clients we continue to provide you with details of property related court cases.
In November, there were no retail tenancy cases at VCAT; however, the following other cases may be of interest to you.
The County Court of Victoria
W.G.Z Pty Ltd atf the W.G.Z Family Trust v Arva Investments Pty Ltd [2024] VCC 1777 (11 November 2024) The case considered a dispute involving arears and was deemed to be a retail leasing matter due to the tenant’s permitted use as a transport and storage depot. The next step for the parties would be to apply for a mediation with the office of the VSBC.
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The Supreme Court of Victoria
1. Head, Transport for Victoria v Kilpatrick & Anor [2024] VSC 686 (8 November 2024) This case involved a compensation case by a landowner for land reserved for a freeway. This case had previously been heard at VCAT and was now appealed. The landowner was able to have the decision by VCAT upheld and was successful in this case.
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2. Sec New Line Pty Ltd v Muffin Break Pty Ltd [2024] VSC 728 (25 November 2024) This case involves a claim by a franchisee for misrepresentation regarding renewal of a lease. The case was not resolved and the applicant has the opportunity to resubmit the statement of claim. However, they have to provide security for the respondent’s costs.
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3. Doug Pascoe Investment Pty Ltd and Ors v Urban Cube Pty Ltd and Ors [2024] VSC 737 (28 November 2024) This case dealt with a mortgagee sale where the guarantors to the loan claimed that the property was sold below market value. The mortgagee was successful in this case.
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