Primary RE argued that a landlord was required to serve notice under s 146 of the PLA on sub-tenants (in this case, the Growers) because the definition of lessee in s 146(5) of the PLA includes a derivative under-lessee and the persons deriving title under a lessee. The Court found that, in the absence of […]

Section 146 of the PLA states that (emphasis added): (1) A right of re-entry or forfeiture under any proviso or stipulation in a lease or otherwise arising by operation of law for a breach of any covenant or condition in the lease, including a breach amounting to repudiation, shall not be enforceable, by action or […]

My good friend Robert Hay has just started a property law blog here. If you follow my blog, you may also find Robert’s interesting.

In the decision of Lontav Pty Ltd v Pineross Custodial Services [2011] VSC 278, handed down last Thursday, a tenant applied to the Supreme Court seeking orders that the landlord of a retail premises lease had wrongly purported to terminate the lease and, in the alternative, sought relief from forfeiture. There are a couple of […]

The definition of “accountant” in s 3 of the RLA will soon be changed.  It currently reads as follows: accountant means a member of— (a)        the Institute of Chartered Accountants in Australia; or (b)        CPA Australia (ACN 008 392 452); or (c)        the National Institute of Accountants; The new definition will change subsection (c) to […]

The s 146 notices served on the former RE cited a failure to tend and maintain the plantations on the leased land in breach of the leases. The receivers of the land owning company argued that a failure to maintain is not a breach capable of remedy. Primary RE argued the contrary position, stating that […]

In an earlier post on this blog I noted that there was a cross-referencing error in s 62 of the Retail Leases Act 2003 (Vic). That error has now been corrected by a the Statute Law Revision Act 2011 (Vic) (see item 81 of the Schedule), which came into force today. Thanks to Vanessa for pointing this […]

The decision in the Timbercorp Almonds apportionment case was handed down last week and is available here. The case arose out of the collapse of the Timbercorp Ltd managed investments schemes.  When the Liquidator sought to sell land on which almond orchards were planted as part of various managed investment schemes operated by the Timbercorp group, […]

One of the more difficult issues in the Primary RE case was the argument by Primary RE that the landlord failed to adequately prove the particulars of the breach in the notice. The text of the notices is included in another post on this blog here. It appears from the judgment that a significant amount […]

Section 146 of the PLA states that (emphasis added): (1)            A right of re-entry or forfeiture under any proviso or stipulation in a lease or otherwise arising by operation of law for a breach of any covenant or condition in the lease, including a breach amounting to repudiation, shall not be enforceable, by action or […]