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 […]

The notices served on the former RE/tenant in the Primary RE case stated that (omitting formalities and title particulars): 2.            The lease contains the following terms (among others): (a)         the Tenant will at all times during the term of the Lease establish, tend and manage the Plantation Crop (as defined) in a proper and skilful […]

This post is the second in a series of posts discussing the judgment in Primary RE Ltd v Great Southern Property Holdings Ltd & Ors [2011] VSC 242. The main clause relied upon by the Receivers of the land owning companies in their s 146 notices was clause 6(b), which required the tenant to: … establish, […]

Given the number of issues raised in the Primary RE case and the size of the judgmnent (114 pages!), I thought it would be useful for those following this blog to have a separate post on each issue in the judgment. The first and, perhaps, one of the less complicated issues considered in the Primary […]

Further to my post of 15 April 2011, judgment in the case of Primary RE Ltd v Great Southern Property Holdings Ltd & Ors [2011] VSC 242 was handed down today. A copy of the judgment is available here for those who are interested in reading it now. I will post a summary of the findings shortly.

A new version of Duncan’s Commercial Leasing in Australia has just landed on my desk. This edition (the 6th) is a similar size to previous editions, which is relatively small when compared to other notable texts in this area. The new edition follows the same format as previous versions.  It contains a precedent clause under most […]

An interesting issue came across my desk. A tenant had exercised an option to renew its lease but, for various reasons, a deed of renewal was never executed.  The tenant then purported to assign the lease.  The question arose as to whether a lease in those circumstances is capable of assignment. It seems to be […]

The last statement of the law in Victoria suggests that an assignment without seeking the landlord’s consent is a breach not capable of remedy (see IGA Distribution Pty Ltd v King & Taylor Pty Ltd [2002] VSC 440 at [143] per Nettle J, as he was then, citing Scala House and District Property Co Ltd v Forbes [1974] QB […]

Deputy President Macnamara at VCAT recently held that a permitted purpose in a lease provided as “hotel” was synonymous with “pub”, and that the term “hotel” in modern parlance does not necessarily mean the tenant must provide accommodation. This is useful for people settling leases of pubs and hotels. However, it does not address the […]