AVC Operations Pty Ltd v Teley Pty Ltd [2018] VCAT
931
In this Victorian case, the landlord sought to refuse consent to
a assignment of lease based on the proposed assignee's
financial resources. The landlord considered the proposed assignee
did not have sufficient financial resources to meet the obligations
of the lease. The Tribunal needed to decide whether the landlord
was entitled to refuse consent on that basis and whether it was
reasonable for the landlord to refuse consent.
Refusing to consent to an assignment based on
insufficient financial resources
The Legislation
The Victorian Retail Leases Act includes the following:
Section 60 – When the landlord can withhold
consent to an assignment
