A tenant who fails to seek relief against forfeiture following a landlord's re-entry cannot later claim equitable compensation on the broader basis that the re-entry was unconscionable conduct at large. The equitable jurisdiction to relieve against unconscionable exercise of legal rights operates through recognised categories (relief against forfeiture, estoppel, etc.) and not as a general discretion. Under s 17(1)(b) of the Retail Tenancies Act 1986 (Vic), a tenant must give written notice to the landlord to rectify the matter before any right to compensation arises.
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