When will a hand-written licence to occupy premises in a contract of sale of real estate be enforceable?

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noreply@blogger.com (William Stark)

1.     In CAG Company P/L v Cheruku and anor [2020] VCC 13, the County Court (Marks J) considered the interpretation of a handwritten clause in a contract of sale of real estate allowing the purchaser to take possession of the property being sold 5 and 1/2 months before settlement.

 

2.     The plaintiff agreed to

“Jumping out” the Retail Leases Act – a clarification

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ROBERT HAY QC COMMERCIAL LAW BARRISTER

Today I posted an article about Verraty Pty Ltd v Richmond Football Club [2019] VCAT 1073.

I have had queries about paragraph (i) where I said:

“where the commencing rent under a new lease does not exceed $1,000,000 for the first 12 months,  before the lease is entered into the

‘Ultimate consumer test” remains one of the indicia of the retail provision of services

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ROBERT HAY QC COMMERCIAL LAW BARRISTER

The CB Cold Storage and IMCC Group saga has ended. This morning the High Court of Australia refused the landlord’s application for special leave to appeal. The consequence is that the Court of Appeal’s decision in IMCC Group (Australia) Pty Ltd v CB Cold Storage Pty Ltd [2017] VSCA 178