Leasing Insider | NB2 Pty Ltd v P.T. Ltd [2018] NSWCA 10

Jurisdiction: New South Wales Date delivered: 14 February 2018 Property type: Retail Facts In 2004, NB2 Pty Ltd (Tenant) purchased an independent fresh fruit and vegetable business operating from a premises in the Fresh Food Precinct at Westfield’s Miranda Shopping Centre (Centre). The Tenant was one of three operators selling fresh fruit and vegetables in the Centre, the […]

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NB2 Pty Ltd v P.T. Ltd [2018] NSWCA 10

Jurisdiction: New South Wales Date delivered: 14 February 2018 Property type: Retail Facts In 2004, NB2 Pty Ltd (Tenant) purchased an independent fresh fruit and vegetable business operating from a premises in the Fresh Food Precinct at Westfield’s Miranda Shopping Centre (Centre). The Tenant was one of three operators selling fresh fruit and vegetables in the Centre, the […]

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Leasing Insider | AVC Operations Pty Ltd v Teley Pty Ltd (Building and Property) – [2018] VCAT 931

Jurisdiction: Victoria Date delivered: 10 August 2018 Property type: Retail Facts AVC Operations Pty Ltd (the Tenant) entered into an asset sale agreement with Wheatland Hotels Toorak Pty Ltd (the Assignee) for the sale of the “Bush Inn” business operated from a premises on Malvern Road, Toorak. The Tenant sought the consent of Teley Pty Ltd (the Landlord) to […]

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Refusing Consent to Assign a Retail Premises Lease

The recent VCAT decision of AVC Operations Pty Ltd v Teley Pty Ltd [2018] VCAT 931 (AVC Operations) serves to remind us of the limited power of landlords to refuse consent to a request to assign a retail premises lease. When can a landlord refuse consent? Section 60 of the Retail Leases Act 2003 (Vic) […]

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