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noreply@blogger.com (William Stark)
Further to my post (see: https://melbournepropertylaw.blogspot.com/2021/06/are-there-any-recent-cases-about.html) about a decision of the Supreme Court of Queensland about a mortgagee’s duty of good faith in selling in a pandemic, the Supreme Court of Victoria has now had to deal with the same issue.
Matthews As J in 230V Harvest Home Road Pty Ltd
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Matthew Townsend
It is important to remember that the Supreme Court will not enforce each and every breach of a restrictive covenant. A plaintiff discovered this, to his detriment, in Manderson v Smith S ECI 2020 03378. This case concerned a resident … Continue reading →
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noreply@blogger.com (William Stark)
In C B Buffet (Burwood) Pty Ltd v Delloyd Pty Ltd [2020] VCAT 1234 VCAT member Kincaid heard an application for an injunction to restrain a landlord from taking possession of retail premises.
The case is of interest as it considered the application of the moratorium on rent in retail leases
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noreply@blogger.com (William Stark)
In Janney v Steller Works Pty Ltd [2017] VSC 363, (2017) 53 VR 677, Justice Riordan of the Supreme Court of Victoria was asked to consider the extent of a landowner’s right to possession of the airspace over their land, and their ability to control entry onto their land.
The circumstances of