‘Use’ of an Alpine sub-lease was defined today by Judge Kennedy in the County Court of Victoria as requiring the sub-tenant to physically occupy the premises. In Evans & Ors v Thurau [2011] VCC 1444, two sub-tenants were required under the terms of their sub-leases to make their alpine apartments available for use by the general […]

This is the next post in my series on relief from forfeiture.  There are two recent cases of relief from forfeiture between the parties to the above decision, both relating to the same lease.  This post considers the first of those cases. There were issues in the case over whether the tenant was in breach […]

A client of mine received summary judgment for possession in an interesting case today. The judgment suggests that it is harder for a rogue tenant to resist summary judgment for possession since the introduction of the Civil Procedure Act 2010 (Vic). In today’s case: the defendant had entered into a vendor’s terms contract; both the […]

This is the next post in my series on recent cases on relief from forfeiture. I will be posting some comments on lessons learned from these cases in a later post. The material facts of this case are: the tenant had made a previous application for relief from forfeiture in September 2009, which was granted […]