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ARTICLE · 29 MAY 2024

A crack in the plaintiff's case?

Lessons learned from recent personal injury case involving a landlord and a tenant.

AustraliaLitigation, Mediation & Arbitration

McKenzie v Charles Stewart & Company Proprietary Limited (trading as Colac Rental Management) [2024] VCC 429

Introduction

Josiah Lee, Senior Associate, and Natasha Fiodoroff, Special Counsel, of HBA Legal acted for the successful second defendant in this matter after a hard-fought hearing over 12 days with two juries discharged. The matter was determined by judge alone by Her Honour Judge Myers.

Background

The plaintiff, Alan McKenzie, was the tenant of a property located in Colac, Victoria. The plaintiff commenced proceedings against the landlord, Graham Newman Pty Ltd as first defendant and the real estate property manager, Charles Stewart & Company Pty Limited as second defendant. The first defendant was released from the proceedings on the first day of trial.

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