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ARTICLE · 05 OCTOBER 2007

Retail Lease Decisions Review

Gadens Lawyers
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There have been a number of other decisions in the first half of 2007 of interest to retail landlords and managers. A summary of four recent decisions follows.

AustraliaReal Estate and Construction

While the landmark Administrative Decisions Tribunal (Tribunal) decision in Armstrong Jones Management Pty Ltd v Saies Bond & Associates Pty Limited (2006) (Armstrong Jones) continues to dominate the landscape of retail lease litigation, there have been a number of other decisions in the first half of 2007 of interest to retail landlords and managers. A summary of four recent decisions follows.

Can Consistently Late Payment Of Rent Constitute Repudiation?

Parallel Lines International Pty Limited v Video Drama Pty Limited (2007)

The decision illustrates that termination of a retail lease is not something to be done lightly. There is no substitute to getting it correct the first time and little that can be done to repair defective action.

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