Cases about retail and commercial leases

Find summaries of past cases you may find useful about retail and commercial leases. These case summaries show how the law was applied.

Mark Ward Trading Pty Ltd v Ball (2020)

Determined that exemplary damages are not recoverable under the Retail Leases Act 2003.

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Mark Ward Trading Pty Ltd v Ball (2021)

Determined a claim for the recovery of mesne profits.

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Yarraville Business Pty Ltd v Persico

One of the first VCAT decisions about a tenant’s rejection from eviction under the COVID-19 Omnibus (Emergency Measures) (Commercial Leases and Licences) Regulations 2020. VCAT found an estoppel against the respondent landlord, which prevented her from disputing that the applicant tenant had applied for rent relief. In at least one later case a tenant relied on a similar estoppel argument.

A separate issue was determined as to whether the tenant needed to make a further application for rent relief under the Regulations as amended on 29 September 2020. VCAT decided the tenant did not need to apply again after 29 September 2020.

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Link and Connect Pty Ltd v Seng

Explores whether:

  • an estimate of outgoings given under section 46 of the Retail Leases Act 2003 can be withdrawn
  • concession that no notice has been given under section 26(3) of the Act at an earlier hearing can be withdrawn
  • an affidavit filed after the conclusion of an interlocutory hearing by the applicant should be considered.

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