Robert Hay – Page 4 – Robert Hay KC Blog

May 1, 2015

Landlord cannot recover essential safety measure costs or the costs of complying with s.52 of Retail Leases Act 2003 (Vic)

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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March 18, 2015

Wife’s title as joint proprietor with husband not defeasible by reason of husband’s fraud

In Cassegrain v Gerard [2015] HCA 2 the High Court of Australian had to decide whether a wife’s title as a joint proprietor with her husband was defeasible by reason of the husband’s fraud. The case contains an interesting discussion about when the fraudulent acts of an agent can be attributed to the principal and…

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March 11, 2015

Tenants should dispute rent nominated by landlord within time period specified in the lease

Tenants should dispute the rent specified by a landlord at a rent review date within the time specified by the lease. Dire consequences can follow if the time periods are ignored . The rent review process for setting the market rent commonly provides for: the landlord to propose the new rent and, if the tenant…

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November 13, 2014

Rent reviews – mandatory or at the landlord’s discretion?

The issue of whether a lease requires a rent review or whether the review is at the discretion of the landlord often arises. The problem can avoided by clear drafting. In Growthpoint Properties Australian Limited v Austalia Pacific Airports [2014] VSC 556 the court had to decide whether a rent review was mandatory under the…

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September 25, 2014

Second Notice to Complete Revives Terminated Agreement – Contract Sale of Land

A vendor who has terminated a contract for the sale of land should be wary of serving a second notice to complete because the second notice revives the agreement that has been terminated. In Rona v Shimden [2005] NSWSC 818 a vendor under a contract of sale claiming to have terminated the contract, gave notice…

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August 11, 2014

Media Presentation By Robert Hay

Re-entry and Relief from Forfeiture in Commercial Leases Robert Hay – Greens List My clerk can be contacted via this link http://www.greenslist.com.au/ https://www.youtube.com/channel/UCnZ52SbIPsHnEz74tK8ikRg

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February 26, 2014

$1,000,000 in damages for loss of sperm even though purchaser not out of pocket

There is a translation key (widget) on the mirrored blog for ease of reading for non-English speaking members of the public or professionals. The mirrored blog can be found at http://roberthaybarrister.blogspot.com.au/ A wise senior building barrister once said to me that in analysing a legal problem you should “always start with the money” – that is…

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