VCAT decisions
- Phillips v Abel (Building and Property) [2019] VCAT 1031 (10 July 2019) – what are retail premises, outgoings
- AVC Operations Pty Ltd v Teley Pty Ltd (Building and Property) [2018] VCAT 931 (18 June 2018) – considered s.60 and the concept of reasonableness in finding that the landlord could not refuse consent to transfer
- William Buck (Vic) Pty Ltd v Motta Holdings Pty Ltd (Building and Property) [2018] VCAT 15. – occupancy costs and application of the Retail Leases Act 2003
- Versus (Aus) Pty Ltd v A.N.H. Nominees Pty Ltd [2015] VSC 515 (1 October 2015) – repair of leased premises, lease renewal, landlord’s obligation to repair
- Anchong Nominees Pty Ltd v Rafei (Building and Property) [2015] VCAT 1313 (18 August 2015) – outgoings, repairs and maintenance
- HJ Corporation Pty Ltd v Nguyen (Building and Property) [2015] VCAT 1300 (13 August 2015) – assignment of lease by tenant, failure to provide disclosure statement to landlord and assignee, tenant’s liability for unpaid rent and outgoings.
- Keriani Pty Ltd v Long (Building and Property) [2015] VCAT 1212 (7 August 2015) – rent review by valuer, whether the parties are bound by the valuer’s determination.
- VCAT Advisory Opinion – Essential Safety Measures (1 May 2015)
- Jim Lazogas and Company Pty Ltd v Nyle Pty Ltd trading as White Dove Funeral Care (Building and Property) [2014] VCAT 840 (17 June 2014) – use of premises and whether premises are retail.
- Serene Hotels Pty Ltd v Epping Hotels Pty Ltd (Retail Tenancies) [2014] VCAT 97 (7 February 2014) – Specialist Retail Valuer and rental determination methods.
- Villa v Emaan Pty Ltd [2014] VCAT 274 – Landlord’s obligation to act reasonably in withholding consent to transfer lease.
- Nanjor Pty Ltd v Golden Pearl Holdings Pty Ltd [2014] VCAT 453 – Landlord’s obligation to act reasonably in withhold unpaid rent and outgoings.
- Bretair Pty Ltd v Cave (No 2) (Retail Tenancies) [2013] VCAT 1808 (24 October 2013) – what constitutes fair wear and tear, whether gravel pavement constitutes structure of leased premises.
- Fitzroy Dental Pty Ltd v Metropole Management Pty Ltd & Anor [2013] VSC 344 (5 July 2013) – whether the lease is a retail premises lease.
- Market Ring Write Services Pty Ltd v Dudson (Retail Tenancies) [2013] VCAT 546 (16 April 2013) – payment of rent and outgoings, interest on security deposit.
- South Yarra Colonnade Pty Ltd v Designbuilt Industries Pty Ltd & Ors (Retail Tenancies) [2013] VCAT 266 (8 March 2013) – whether option has been exercised, notice of intention.
- Computers & Parts Land Pty Ltd v Property Sunrise Pty Ltd (Retail Tenancies) [2012] VCAT 1522 (9 October 2012) – options to renew, tenant defaults, landlord’s obligations.
- Jones and Anor v Globeoz Consultant Pty Ltd and Anor (Retail Tenancies) [2011] VCAT 2102 (7 November 2011) – The abandonment of premises, and damages and costs.
- Richmond Football Club Limited v Verraty Pty Ltd (ACN 076 360 079) (Retail Tenancies) [2011] VCAT 2104 (3 November 2011) – outgoings, land tax.
- Rast v Rajakovic (Retail Tenancies) [2010] VCAT 246 (26 February 2010) – re-entry of premises, costs.
- Figgins Holdings Pty Ltd v Williamson Place Pty Ltd (Retail Tenancies) [2010] VCAT 243 (25 February 2010) – rent reviews, s37 of the Retail Leases Act 2003.
- 1144 Nepean Highway Pty Ltd v Abnote Australasia Pty Ltd 2009 VSCA 308 (18 December 2009) – The obligations of parties to sign expert’s terms of appointment.
- Awad v Conell (Retail Tenancies) [2009] VCAT 2402 (11 November 2009) – overholding and entitlement to a five-year term.
- Australian Competition and Consumer Commission v Dukemaster Pty Ltd (ACN 050 275 226) [2009] FCA 682 (24 June 2009) – Regarding a landlord’s unconscionable conduct.
- Victorian Education Foundation Ltd v Brislugan Pty Ltd (Retail Tenancies) [2009] VCAT 317 (25 February 2009) – Appointment of a Specialist Retail Valuer and costs.
- Cafe Dansk Pty Ltd v Shiel & Ors (Retail Tenancies) [2009] VCAT 36 (14 January 2009) – The renewal of lease, estimate of outgoings, security deposit.
- Yan & Anor v Wang & Anor VCAT 2405 (27 November 2008) – Regarding issues about the payment of outgoings, repairs and land tax.
- AAMR Hospitality Group Pty Ltd v Goodpar Pty Ltd VCAT Unreported 13 Feb 2009 – Landlord’s obligation to act reasonably in withholding consent to transfer lease.
- Xiao v Perpetual Trustee Company Limited Anor [2008] VSC 412 (13 October 2008) – A landlord’s obligation to notify.
- My Club Pty Ltd v Somalex Nominees (Retail Tenancies) [2008] VCAT 171 (31 January 2008) – An application of section 52 (a landlord’s liability for repairs).
- Daco Enterprises Pty Ltd v The Golden Sultana Pty Ltd [2006] VCAT 2457 (19 December 2006) – The overholding and entitlement to a five-year term.
- Brimbank City Council v Westvale Community Centre Inc [2006] VSC 100 (22 March 2006) – A provision of community-type services on a retail basis.
- State of Victoria v Tymbook Pty Ltd [2005] VSC 267 (29 July 2005) – An application of the dispute resolution provisions of the Retail Leases Act 2003.