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Did the tenant have make good obligations under its commercial lease? Allied Pinnacle v G R Mailman illustrates the issues.
In the decision of Allied Pinnacle Pty Ltd v G R Mailman & Associates Pty Ltd, Justice Muston held on proper construction of the terms, while the lease did not require removal of the fit out at the premises, it did require painting of the external premises and fulfilment of the make good obligations specified.
Living and Leisure: Victorian leases and the State tax implications
The Victorian Court of Appeal in its recent decision of Living and Leisure Australia Pty Ltd vs Commissioner of State Revenue (Living and Leisure) dismissed the appeal by the taxpayers and upheld the Victorian Supreme Court’s conclusion that the contended leases in respect of Crown lands within the alpine resorts granted exclusive possession and were leases.