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
AMTB Ptd Pty v Chan (Building and Property) [2025] VCAT 236 (21 March 2025)This case dealt with a claim by a tenant for relief against forfeiture from the landlord for non-payment of rent and outgoings resulting from an alleged faulty lift. The tenant was able to obtain an injunction against the landlord but was only partially able to claim an equitable set-off for the alleged damages and was required to continue payment of rent and outgoings from a set date.
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County Court Case
Walker v Munnecke [2025] VCC 267 (19 March 2025) This case dealt with a “subject to finance” clause in the contract of sale for a house which sold for $2,620,000. The purchaser sought to rely on this clause and seek the return of the deposit. For reasons outlined in the case, the vendor was entitled to retain the deposit.
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Supreme Court Case
Bottomley v Boroondara City Council [2025] VSC 127 (20 March 2025) This case dealt with an adjoining occupier, who operates a tutorial and education centre, and sought to overturn a permit for a dental laboratory due to an alleged safety risk. The permit was pre-existing, and the applicant was not successful.
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Supreme Court of Victoria. Court of Appeal.
Australian Investment & Development Pty Ltd v Commissioner of State Revenue [2025] VSCA 47 (26 March 2025) This case dealt with an objection to the assessment of State Land Tax on a parcel of land totaling approximately 169.5 hectares in Diggers Rest. The applicant claimed that the land was used for primary production; however, the case was decided in favour of the Commissioner of State Revenue.
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