Archive | September, 2013

Is a stated intention to exercise an option sufficient to create a new agreement to lease? Part 2

September 5, 2013

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A recent VCAT decision, discussed here, discussed a decision in which a letter stating that the tenant intended to exercise its option was equivocal and did not create a binding contract between the parties. In a recent decision from the Magistrates Court of Victoria, Magistrate Ginnane considered a similarly worded letter signed by the tenant […]

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Service station leases – a Victorian perspective

September 4, 2013

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A colleague recently sent me this excellent article by Bill Burrough from DibbsBarker titled ‘Service station lease: Ensuring the lease is manageable and saleable’. The article talks about: leasing issues for investors considering a service station – an investment considered by some to be ‘recession proof’;  and the obligation to maintain the service station infrastructure […]

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What is a retail premises? The ultimate consumer test.

September 3, 2013

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Here is an excellent summary by Robert Hay of the recent decision of Fitzroy Dental Pty Ltd v Metropolitan Management Pty Ltd [2013] VSC 344 . As many of you know, a retail sale is generally considered to be a sale to the ultimate consumer.  The question in that case was whether the conference provider or the attendees at […]

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