As an ongoing service to clients we will be providing you with details of VCAT cases every few months concerning retail property issues.
Here are three cases which may be of interest to you from the Building and Property List at VCAT which are summarised below:
1. FNB Hotel Pty Ltd v Hotel Carringbush Pty Ltd (Building and Property) [2024] VCAT 426 (7 May 2024)
This case dealt with a costs application against a landlord who sought performance under the terms of the lease from the tenant for alleged breaches yet failed to serve the appropriate notices. In this case the tenants claim for costs was successful.
Further details can be viewed here.
2. Pollio Family Pty Ltd v Faustein (Building and Property) [2024] VCAT 446 (10 May 2024)
This case dealt with several issues including the validity of a Covid 19 rent relief claim, entitlement to terminate the lease and damages in relation to a pharmacy in the CBD. The claim was substantial and the landlord was successful.
Further details can be viewed here.
3. Lu v Kesaco Pty Ltd (Building and Property) [2024] VCAT 295 (2 April 2024)
This case dealt with a claim by the landlord for arrears of rent and outgoings. In this case the landlord was not able to prove that rent was payable dating back several years. Also, the failure by the landlord to produce annual section 46 statements prevented the landlord from claiming arrears of outgoings resulted in the landlord’s claim being substantially reduced.
Further details can be viewed here.
4. Cupp Pty Ltd v Genovese Investments Pty Limited (Building and Property) [2024] VCAT 304 (3 April 2024)
This is a case concerning Covid 19 rent relief under the regulations at that time. In this instance the tenant was successful with a straight waiver rather than a part waiver and deferment.
Further details can be viewed here.