The tenant succeeded in obtaining an interlocutory injunction restraining the landlord from re-entering or interfering with the tenant's quiet enjoyment of the leased premises in reliance upon two notices of breach dated 15 January 2026, subject to conditions requiring the tenant to pay specified rent shortfalls and accrued outgoings. The Tribunal found a serious question to be tried as to whether the landlord could retrospectively increase rent where it had previously invoiced at a lower amount, and as to the validity of the outgoings default notice where the landlord had failed to provide a written estimate of outgoings as required by s 46 of the Retail Leases Act 2003 (Vic), instead providing only source invoices. The balance of convenience favoured the tenant given the locational goodwill of the function centre business, which would be difficult to re-establish elsewhere, but the Tribunal was not satisfied that an unliquidated and unparticularised damages claim for premises disrepair could ground a right of set-off against rent arrears.
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