Property Law
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Vendors who terminate contracts for the sale of land on the ground of a default by the purchaser often claim interest on moneys that have not been paid calculated from the date of the breach to the date of termination. Clause 25 of the general conditions of the standard form of contract concerning the sale
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Today I commented on an advisory opinion given by the President of VCAT, Justice Garde, in which His Honour decided that: (a) a landlord could not recover from a tenant the costs of complying with essential safety measure requirements imposed on the landlord under the Building Act 1993 and its regulations; (b) a landlord
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Landlords cannot require tenants under retail premises leases to undertake and pay for the work that a landlord must perform to comply with the essential safety measure requirements contained in the Building Act 1993 (BA) and its regulations. Nor can a landlord require a tenant to pay as an outgoing the costs that the landlord
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The question of whether the “profits method” of determining rentals for hotel premises contravenes s.37(2) of the Retail Leases Act 2003 (Vic) has finally been determined by the Supreme Court of Victoria. Under the “profits method” the valuer estimates the income and expenses of the business with the difference between the two estimates being the
