RETAIL SHOP LEASES LEGISLATION PREVAILS

RETAIL SHOP LEASES LEGISLATION PREVAILS

An Appeal Court has confirmed that a ‘retail premises lease’ cannot cease to be a retail lease even if the initial criteria that qualified it as falling under the legislation, may change during the term of the lease.  Key issues included the annual occupancy cost...
COURT REJECTS ‘EXPERTS’ REPORT

COURT REJECTS ‘EXPERTS’ REPORT

A Supreme Court has again highlighted the requirements for experts (including Valuers) when providing evidence.  This case involved a comprehensive report prepared by a team of environmental consultants considering damage arising from potential metal toxification of...
LEASE TERMINATION DEMOLITION CLAUSES

LEASE TERMINATION DEMOLITION CLAUSES

A NSW Appeal has overturned an earlier ruling about whether the Landlord had a genuine proposal to terminate a lease for demolition purposes.  Whilst Retail Leases legislation varies from State to State, there are similar provisions concerning lease termination for...