Archive | June, 2011

Judgment in Primary RE Ltd v Great Southern Property Holdings Ltd & Ors [2011] VSC 242

June 8, 2011

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Further to my post of 15 April 2011, judgment in the case of Primary RE Ltd v Great Southern Property Holdings Ltd & Ors [2011] VSC 242 was handed down today. A copy of the judgment is available here for those who are interested in reading it now. I will post a summary of the findings shortly.

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New version of Duncan’s Commercial Leases in Australia

June 7, 2011

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A new version of Duncan’s Commercial Leasing in Australia has just landed on my desk. This edition (the 6th) is a similar size to previous editions, which is relatively small when compared to other notable texts in this area. The new edition follows the same format as previous versions.  It contains a precedent clause under most […]

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Winding up managed investment schemes on the just and equitable ground

June 3, 2011

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The managed investment scheme Blue Diamond Deposits Trust Number 1 derived its income from interest payments on loans made out of the unit holders’ investments. Unit holders were to receive quarterly income distributions and above market returns, and they had the right to redeem their units with 60 days notice. The Liquidator of the responsible […]

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Assignment of lease after the exercise of an option

June 1, 2011

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An interesting issue came across my desk. A tenant had exercised an option to renew its lease but, for various reasons, a deed of renewal was never executed.  The tenant then purported to assign the lease.  The question arose as to whether a lease in those circumstances is capable of assignment. It seems to be […]

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Assignment without consent is not necessarily irremediable

June 1, 2011

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The last statement of the law in Victoria suggests that an assignment without seeking the landlord’s consent is a breach not capable of remedy (see IGA Distribution Pty Ltd v King & Taylor Pty Ltd [2002] VSC 440 at [143] per Nettle J, as he was then, citing Scala House and District Property Co Ltd v Forbes [1974] QB […]

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