Further to my earlier posts here and here, Croft J’s reasons in The Trust Company Limited v Blue Train Cafe Pty Ltd [2024] VSC 232 (10 May 2024) are now available on AustLii. The substance of the appeal was a challenge to the Tribunal’s conditions placed on the grant of an interlocutory injunction.   The landlord and the tenant were in dispute […]

I have had a few inquiries recently about an earlier here in which I discussed the VCAT decision of Blue Train Café Pty Ltd v The Trust Company Limited (Building and Property) [2024] VCAT 75, in which the Tribunal rejected an argument by a landlord that a tenant seeking an injunction to restrain wrongful re-entry should […]

Attached below is an excellent paper produced by barristers Robert Hay KC and Brett Harding discussing recent issues with VCAT’s jurisdiction that went with a video presentation yesterday afternoon.   The paper addresses these issues from retail leasing perspective, so the paper is essential reading for anyone who practices in this area. VCAT’s jurisdiction – An […]