This Victorian case involved a restaurant in Cowen on Phillip
Island. The five year lease expired on 31 March 2017, but contained
3 five year options to renew.
On 7 August 2017, the lessee was placed into voluntary
administration, and then a few weeks later, went into liquidation.
Just before all that, one of the directors of the lessee
incorporated a new company. That new company entered into
negotiations with the liquidator to buy the business and become the
tenant.
The liquidator of the lessee agreed to sell the business to that
new company. The new company claimed that the landlord agreed to
consent to the assignment of lease provided the arrears were paid.
On that basis the new company paid the arrears, but soon after, the
landlord made attempts to end the lease. The new lessee sought an
injunction from the Tribunal to prevent the landlord from
terminating the lease.
