Lanshan Pty Ltd v F3 Enterprises Pty Ltd

[2024] VSCA 59

Victorian Court of Appeal

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For Australian Law.

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Interrogate

Catchwords

1. Property
2. › Lease
3. › Distinction between lease and licence
4. › Exclusive possession
5. › Agreement granting use 'to the exclusion of all others' of car parking spaces for 99-year period
6. › Whether agreement constituted lease rather than licence
7. › Meaning of 'facilities'
1. Contract
2. › Termination
3. › Default notice
4. › Sufficiency of particulars
5. › Whether notice identifying default with sufficient clarity
6. › Whether reasonable person would understand what default was alleged
1. Practice and Procedure
2. › Appeal
3. › New argument on appeal
4. › Whether new matter raised for first time in oral submissions on application for leave to appeal
5. › Whether further evidence might have been adduced to address new point

Quick Take

Granting exclusive use of a car parking space "to the exclusion of all others" for a lengthy period creates a lease rather than a licence, regardless of the terminology used in the agreement.