News
Overcoming the hurdles to bring proceedings on behalf of owners corporations: Sciuto v TNSKBMC Pty Ltd [2021] VCAT 862
The case of Sciuto v TNSKBMC Pty Ltd [2021] VCAT 862 involved the chairperson of owners corporations, Ms Sciuto, bringing proceedings against the owners corporations’ manager on behalf of the owners corporations.
To successfully bring proceedings, Ms Sciuto had to convince the Tribunal that she should be allowed to bypass the requirement under section 18 of the Owners Corporation Act 2006 that the owners corporations must have a special resolution to bring proceedings.
Construction Industry Shutdown & Its Effects On You
Many Victorians will now be aware that the State Government has taken action to shut down the building industry for a period of 2 weeks commencing at 11:59am yesterday.
The importance of clarity when drafting lease terms: Bebe Nanaki Ji CHC Pty Ltd v Sovereign Healthcare Pty Ltd
The case of Bebe Nanaki Ji CHC Pty Ltd v Sovereign Healthcare Pty Ltd [2021] VCAT 330 (‘Bebe Nanaki v Sovereign Healthcare’) concerns a dispute between a tenant, Bebe Nanaki, and a landlord, Sovereign Healthcare, about the interpretation of a rental clause that would determine whether rent was payable by the tenant or not. This article reviews the process of interpretation used by the Tribunal, including the factors considered in determining the appropriate meanings of terms to explain why the Tribunal interpreted the term in favour of the landlord, triggering rent to be payable for roughly $180,000.
Ambiguous and Vague contract terms? Determining parties to a contract: Bi v Wu [2021] VSC 447
The case of Bi v Wu [2021] VSC 447 exemplifies a contract where the parties to the agreement are unclear and ambiguous. How do courts act in these circumstances when determination of the exact parties affects the award of damages?