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 three cases that may be of interest to you, as summarised below:
VCAT Case
James Crane Pty Ltd v Kon Papanatasiou ATF Papanatasiou Family Trust (Building and Property) [2025] VCAT 101 (3 February 2025) This case dealt with a tenant who had vacated premises and sought to hold the landlord to recorded verbal undertakings waiving the tenant’s obligations. VCAT held that the recordings were not clear cut and awarded in favour of the landlord.
Click Here for Further Details.
County Court Case
Votua Pty Ltd v Lineal Developments Pty Ltd (No 2) [2025] VCC 118 (18 February 2025) This case dealt with an off the plan sale of a warehouse where the vendor sought to terminate the contract under a sunset clause. The purchaser had previously had the recission notice overturned and in this case was successful in obtaining compensation for loss of rent totalling $170,304.76.
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Supreme Court Case
Millard v The Registrar of Titles [2025] VSC 38 (14 February 2025) This case dealt with a discharge of mortgage where the mortgagees were deceased and the loan had supposedly been repaid over 30 years ago. An order was made to remove the recording of the mortgage from the folio of the Register that relates to the property.
Click Here for Further Details.
