Conveyancing cases - VIC

A selection of recent conveyancing cases has been added to By Lawyers 1001 Conveyancing Answers (VIC) as part of a review by our property author Russell Cocks. The following conveyancing cases are among those that have been added:

• Eastbound Estate Pty Ltd v DC Consolidated Investments Pty Ltd [2024] VSC 40 – concerning a vendor being allowed to end an off the plan contract in appropriate circumstances.
• Brightman & Ors v Royal Pines Projects Pty Ltd [2024] QSC 149 – concerning the difficulty of establishing an implied finance condition.
• Chiodo Investments Pty Ltd v Rilac Pty Ltd [2023] VSC 590 – concerning whether one of two directors may bind a company to a land contract.
• Secure Funding Pty Ltd v Torbeckin Pty Ltd (in liq) [2024] VSC 571 – concerning when the forfeit of a deposit will be considered a penalty.
• McLennan & Bisko v Dannaoui [2024] VCC 1786 – concerning whether a 15% deposit was a penalty.
• Yarak Pty Ltd & Anor v Emerson Holdings (Aust) Pty Ltd [2024] VCC 371 – concerning disputed easements and access to laneways.
• Brotherhood of St Laurence v Sarina Investments Pty Ltd [2024] VSCA 46 – concerning whether a lessor's failure to repair defective premises may constitute a breach of the lessee's right to quiet enjoyment.
• Club Fogolar Furlan Melbourne v Paramount Investments Group Pty Ltd [2024] VSC 208 – concerning whether a lessee's complaints about the condition of the property justify non-payment of rent.
• Eastcombe Pty Ltd v Fagersta Steels Pty Ltd (Building and Property) [2022] VCAT 780 – concerning whether a warehouse used to sell stainless steel was a retail premises.

Additional information has also been added about:

• Deposit or option fee – A preliminary payment pursuant to a contract may be a deposit that is potentially refundable to the purchaser if the contract does not proceed, or an option fee that is not refundable even if the contract does not proceed.
• Lessee’s right to quiet enjoyment – A lessor's failure to repair defective premises may constitute a breach of the lessee's right to quiet enjoyment.

The extensive 1001 Conveyancing Answers (VIC) publication is available in the Reference materials folder on the By Lawyers Conveyancing (VIC), Mortgages (VIC), and Leases (VIC) matter plans to assist property lawyers and conveyancers in understanding more detailed aspects of the conveyancing process and addressing clients' issues quickly.