Should a tenant seeking an injunction to restrain re-entry be required to pay disputed arrears into a trust account? Part 2

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 be required to pay all of the disputed arrears into a solicitor’s trust account in order to secure an injunction.

The post concluded by noting that the decision had been appealed to the Supreme Court, and I know that a few readers have been waiting to hear the results of the appeal.

His Honour Justice Croft today handed down the Court’s decision refusing the appeal.  I haven’t seen a copy of the Court’s reasons yet and they have not made their way onto AustLii, but I did hear his Honour refuse leave to appeal and say that he would have refused the appeal if leave had been granted.

I will post some extracts from the Court’s reasons as soon as I can.