Brotherhood of St Laurence v Sarina Investments Pty Ltd

[2024] VSCA 46

Victorian Court of Appeal

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For Australian Law.

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Interrogate

Catchwords

1. Contract
2. › Lease of commercial premises
3. › Lessor's covenants
4. › Obligation to maintain building in structurally sound condition
5. › Meaning of 'maintain' in commercial lease
6. › Whether obligation to investigate reasonably-based concern as to structural soundness
7. › Distinction between duty to maintain and duty to repair
1. Contract
2. › Repudiation
3. › Breach of intermediate term
4. › Whether breach sufficiently serious to justify termination
5. › Nature of contract, term, degree of breach and consequences for other party
6. › Koompahtoo Local Aboriginal Land Council v Sanpine Pty Ltd (2007) 233 CLR 115
1. Restitution
2. › Total failure of consideration
3. › Lease of commercial premises
4. › Whether breach of quiet enjoyment covenant constituted total failure of consideration
5. › Whether restitutionary claim consistent with terms of agreement
6. › Failure to address significant aspects of entitlement to restitutionary relief

Quick Take

Lessors under commercial leases containing maintenance obligations must investigate reasonably-based concerns about structural soundness when put on notice by tenants, even where no actual defect has been established; failure to do so may constitute repudiation.