In VS Property and Holding Pty Ltd v Zurzolo [2024] VSCA 199, the Victorian Court of Appeal had to determine the interpretation of a contract for the sale of real estate.
The case involved a failure by the purchaser to
Melbourne Property Law Blog
The Melbourne Property Law Blog, published by William G Stark, focuses on legal issues related to property law in Victoria and broader Australian contexts. It covers topics such as contract interpretation and enforcement in real estate transactions, landlord and tenant disputes including lease frustration, mortgagee duties and powers in property sales, discharge of mortgages especially in complex or historical circumstances, and remedies like specific performance in property contracts. The blog discusses recent court decisions and legal principles affecting property law practice, including statutory and equitable duties, contract conditions, and procedural requirements in property dealings.
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Can a lease be frustrated at law, ending the parties' legal obligations?
The NSW Court of Appeal was recently called upon to deal with further fallout from the Covid-19 pandemic in Cao v ISPT Pty Ltd [2024] NSWCA 188.
I am currently testing an AI platform. Here is an AI generated summary…
How can I have a mortgage discharged if the lender has been wound up?
In an unusual case, the Supreme Court of Victoria was called upon to order the discharge of 2 mortgages in circumstances where one of the mortgagees had been liquidated, and subsequently deregistered. The other mortgagee had become a bank but…
Are there any more recent cases about a mortgagee's duty of good faith in selling real estate?
With interest rates continuing to rise in late 2023, it seems that we are likely to see more mortgagees taking steps to realise mortgaged property. On 2 June 2021, I posted about a Queensland decision (HSBC Bank Australia Ltd v …
How does a party to a contract of sale of real estate in Victoria prove that they are ready, willing and able to perform the contract, in order to obtain an order for specific performance?
On 15 March 2023, in Knight 34 Langdon Rd P/L and anor v Bell and others [2023] VSCA 54, the Court of Appeal of the Supreme Court of Victoria (Emerton P, WalkerJA and J Forrest AJA) considered an application by…
Are there any recent Victorian cases about a mortgagee's duty of good faith in selling in a pandemic?
Further to my post (see: https://melbournepropertylaw.blogspot.com/2021/06/are-there-any-recent-cases-about.html) about a decision of the Supreme Court of Queensland about a mortgagee’s duty of good faith in selling in a pandemic, the Supreme Court of Victoria has now had to deal with the same…
Are there any recent cases about a mortgagee's duty under section 420A of the Corporations Act when exercising their power of sale during the pandemic?
Readers will recall that I posted about a Queensland decision that dealt with a mortgagee exercising its power of sale during the pandemic (see here: https://melbournepropertylaw.blogspot.com/2021/06/are-there-any-recent-cases-about.html). Yesterday, I posted about the Supreme Court of Victoria dealing with a similar scenario (see: https://melbournepropertylaw.blogspot.com/2023/01/are-there-any-recent-victorian-cases.html). In Manda Capital …
Can an Owners Corporation pass a rule that prevents a particular use of a lot in Victoria?
It is relatively common for Owners Corporations to seek to restrict the use to which a lot in a building subject to a subdivision can be put.
Both the Supreme Court of Victoria and the Victorian Civil and Administrative…
Are there any recent cases about Section 9AC of the Sale of Land Act and material changes to plans of subdivision before registration?
The property market for the sale of apartments in Victoria, Australia has become more challenging recently. Lockdowns and other restrictions resulting from COVID-19 such as density limits and mask wearing combined with absent foreign buyers, as well as general concern about the…
Is it a good idea to use a template or precedent form of lease?
The High Court decision in Gee Dee Nominees Pty Ltd v Ecosse Property Holdings Pty Ltd [2017] HCA 12; (1987) 261 CLR 544; 91 ALJR 486; 343 ALR 58 (29 March 2017) (Kiefel, Bell, Gageler and Gordon JJ with Nettle…