| VCAT & Court decisions |
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There are a number of important Victorian Civil and Administrative Tribunal (VCAT) and Court decisions that have considered provisions of the Retail Leases Act 2003. A number of these are listed below (click on the links below to refer to the decisions on the Australian Legal Information Institute - AustLII - website). Application of the dispute resolution provisions of the Retail Leases Act 2003 State of Victoria v Tymbook Pty Ltd [2005] VSC 267 (29 July 2005) Provision of community-type services on a retail basis Brimbank City Council v Westvale Community Centre Inc [2006] VSC 100 (22 March 2006) Overholding and entitlement to a five year term Daco Enterprises Pty Ltd v The Golden Sultana Pty Ltd [2006] VCAT 2457 (19 December 2006) Application of section 52 (Landlord's liability for repairs) My Club Pty Ltd v Somalex Nominees (Retail Tenancies) [2008] VCAT 171 (31 January 2008) Landlord's obligation to notify Xiao v Perpetual Trustee Company Limited Anor [2008] VSC 412 (13 October 2008) Issues about the payment of outgoings, repairs and land tax Yan & Anor v Wang & Anor VCAT 2405 (27 November 2008) Renewal of lease, estimate of outgoings, security deposit Cafe Dansk Pty Ltd v Shiel & Ors (Retail Tenancies) [2009] VCAT 36 (14 January 2009) Appointment of Specialist Retail Valuer (Small Business Commissioner joined as a party), costs Landlord's unconscionable conduct
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