In Burd & Cooper Pty Ltd (ACN 119 808 034) v C & P Cooper Pty Ltd (ACN 119 813 133) and Ors (Retail Tenancies) [2011] VCAT 1416, the tenant filed a counterclaim based on an alleged payment to the landlord of $210,000, then withdrew the counterclaim at the 11th hour before trial. The landlord sought […]

The Tribunal has handed down two interesting cases on costs in the retail tenancies list in the last few weeks. In Jones and Anor v Globeoz Consultant Pty Ltd and Anor (Retail Tenancies) [2011] VCAT 2102, Senior Member Walker ordered the respondent to pay costs under s 92 of the RLA 2003 because it failed to […]

In an interesting recent judgment, Richmond Football Club was able to recover a significant amount of land tax paid under a retail lease. The Tribunal held that a deed of variation constituted a surrender and re-grant of the lease and that the re-granted lease was a retail premises lease under the RLA 2003.  Consequently, there […]

The next few posts on this site will consider some recent cases on relief from forfeiture. The decision of Mukhtar AsJ can be found here. The material facts are: the tenant had acquired a car wash business at the leased premises and was in breach of numerous covenants under the lease, including being in arrears of […]