Robert Hay KC Blog

Greens List

  • Mortgagee lender does not have duty of care to ensure that a loan is appropriate for borrower

      There is a translation key(widget)  on this blog for ease of reading for non-English speaking members of the public or professionals. http://roberthaybarrister.blogspot.com.au/   Defaulting mortgagor borrowers defending court proceedings by the mortgagee lender often allege that the lender owed them a duty to investigate their income and assets and liabilities to determine whether the

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  • Parties can agree to higher standard than that imposed by s.52 of Retail Leases Act

      There is a translation key(widget)  on this blog for ease of reading for non-English speaking members of the public or professionals. http://roberthaybarrister.blogspot.com.au/   Section 52 of the Retail Leases Act 2003 implies into a “retail premises” lease an obligation on landlords to maintain “in a condition consistent with the condition of the premises when

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  • Undertaking as to damages must not be a ritual or a formality

      There is a translation key(widget)  on this blog for ease of reading for non-English speaking members of the public or professionals. http://roberthaybarrister.blogspot.com.au/ Parties seeking injunctions are required to offer an undertaking as to damages as the price for the injunction. All too often the undertaking is given lightly and without an understanding of the

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  • Mortgagor fails in last minute bid to stop auction

    Bill Stark has posted an interesting article on his blog about a case concerning a defaulting mortgagor’s last minute unsuccessful attempt to prevent the sale of the mortgaged land. See: Melbourne Property Law Blog.  Attempts by mortgagors to prevent  sales proceeding are rarely successful and the price for an injunction preventing a sale proceeding is usually

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  • Proprietary estoppel – estopped party does not have to disprove reliance

      There is a translation key(widget)  on this blog for ease of reading for non-English speaking members of the public or professionals. http://roberthaybarrister.blogspot.com.au/     The High Court has rejected the notion that the onus of proof in relation to detrimental reliance can shift to the party said to be estopped. In Sidhu v Van

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  • Tenants beware of onerous “make good” obligations

      There is a translation key(widget)  on this blog for ease of reading for non-English speaking members of the public or professionals. http://roberthaybarrister.blogspot.com.au/   Lawyers acting for tenants often fail to advise their clients about the burden of the repair obligations imposed by the lease during the term of the lease and the “make good”

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  • Section 243 of Australian Consumer Law gives tenants a powerful weapon

    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/   Landlords need to be very careful about what they say when negotiating leases because s.243  of the Australian Consumer Law provides a wronged tenant with

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  • $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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  • No easy answers to whether premises are “retail premises”

    It is often difficult to determine whether premises are “retail premises” within the meaning of s 4 of the Retail Leases Act 2003 Act. Section 4(1) provides that “retail premises” means premises that: “under the terms of the lease relating to the premises are used, or are to be used, wholly or predominantly for –

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  • Can a landlord pass to the tenant the costs of complying with the Building Act?

    I recently presented a short paper at the Law Institute of Victoria’s Property Law Conference on the topical question of :   “Whether a landlord can recover from a tenant the costs of complying with the Building Act”   The paper is attached for your download ease.   Property Law Conferencer ( August 2012)(3)

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