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.
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 →
In Janney v Steller Works Pty Ltd  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