Leasing and Property Newsletter – May 2017
Published on May 3, 2017 by Alex Collie, Matthew Rafferty and Paul Carroll
Introduction
In this edition our team report on the following recent cases:
1) A Victorian tribunal case investigating how late is too late to recover unpaid money;
2) A case in the Supreme Court of Victoria on whether service providers to retailers fall under the Retail Leases Act;
3) A New South Wales tribunal case investigating whether telecommunication stations fall under the Retail Leases Act.
The Carroll & O’Dea Leasing and Property Team
How late is too late for rent?
Kameel Pty Ltd v Antongtai Pty Ltd [2017] VCAT 469
In this Victorian case, the landlord claimed approximately $180,000 in unpaid rent, outgoings and interest. The lessee defended the claim with a limitation (out of time) argument and a res judicata (already litigated) argument. The lessor was able to overcome both of these defences and win most of the claim.
Matthew Rafferty, Partner
When does Retail Leasing Legislation apply in Victoria?
CB Cold Storage Pty Ltd v IMCC Group (Australia) Pty Ltd [2017] VSC 23
An important consideration to make when considering the rights and obligations of parties in a lease for a business is whether the relevant retail leasing legislation applies. The simple answer is that where the premises is a retail business or is inside a retail shopping centre, then the Retail Leasing legislation will apply. The reality, is however, far less straightforward and a recent case in the Supreme Court of Victoria has further broadened what can be considered a “retail shop”.
Paul Carroll, Partner
Alex Collie, Lawyer
When does Retail Leasing Legislation apply in New South Wales?
Lane Cove 83 Pty Limited v Vodafone Network Pty Mimited [2017] NSWCATCD 13
Continuing the theme of the application of Retail Legislation (or, rather, the lack thereof) we now look at the situation in New South Wales. In this case, the NSW Tribunal considers whether a telecommunications base station is a retail lease and finds three reasons why the Retail Leases Act does not apply to this lease. The case is a good summary of the limits of the Act in relation to non-retail premises.
Matthew Rafferty, Partner
