| Benchmark - Real Estate Cases & Commentary is compiled exclusively for REINSW by A R Conolly & Company - a commercial/insurance law firm based in Sydney. |
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Benchmark - Real Estate Cases & Commentary sets out recent court and tribunal decisions of specific relevance to the real estate sector. Updated each quarter with new decisions, it will quickly become one of your key reference tools.
Decisions have been classified for easy reference:
- Employment
- Real estate agency involved in dispute with employee on cusp of changes to federal workplace legislation
- Real estate agency unsuccessful in preventing former employee from working for nearby competitor
- Futile claims
- Agent involved in fruitless proceedings brought by tenant
- GST on rent
- New landlord not bound by earlier mistake in collection of rent
- Injury
- Landlord/agent not liable for tenant’s fall from unlit patio where agent not informed of broken light and alternative lit smoking areas for tenant to use
- Leasing disputes
- Termination of fixed-term lease where tenant could show that she would suffer undue hardship if the tenancy continued
- Landlord must try to mitigate loss if claiming compensation from a former tenant
- Landlord must prove it has incurred a loss to succeed in a claim for compensation
- Landlord must first incur a loss in order to succeed in a claim for compensation for that loss
- Landlord cannot rely on two outgoing conditions reports, where one conducted much later than the first and without the attendance of the tenant
- Moisture and mould
- No breach of tenancy agreement by landlord regarding dwelling allegedly filled with moisture and mould
- Procedure
- No obligation on the Tribunal to record every point comprising its analysis and reason for decision
- Rent review
- “Anniversary” can mean a period other than annually
- Rental arrears
- Tenant allowed to rely on conduct of landlord's agent regarding end of tenancy and no further rent due
- Sale of business
- Requests for financial information of purchase from landlord were not unreasonable, and purchaser could not rescind contract for sale
These decisions are current as at the date of publication and while REINSW will endeavour to note any decisions overturned on appeal, members should check whether the decisions have been appealed prior to reliance upon them.
A R Conolly & Company also produce a daily Benchmark newsletter, which sets out recent court and tribunal decisions relevant to the banking, construction and insurance industries.
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