A lessor may terminate a lease by accepting the lessee's repudiatory conduct without complying with s.146 of the Property Law Act 1958 (Vic) or any re-entry clause in the lease, provided the conduct amounts to repudiation at common law. The presence of an express re-entry clause does not exclude the exercise of common law contractual rights to terminate for repudiation unless the clause expressly or impliedly so provides. However, courts will be slow to infer repudiation in the leasehold context, and the proprietary nature of the parties' interests is relevant to whether repudiatory conduct has occurred.
The full text is available to signed-in members, including the 16 later cases that cite this judgment.
2 of the 16 citing cases carry a classified treatment. How each court treated it is available to signed-in members.