Victorian Reports - Authoritative Law Reports Since 1870

BROTHERHOOD OF ST LAURENCE v SARINA INVESTMENTS PTY LTD

|Walker, Lyons and Whelan JJA

76 VR 247

BROTHERHOOD OF ST LAURENCE v SARINA INVESTMENTS PTY LTD Court of AppealWalker, Lyons and Whelan JJA 19 February, 26 March 2024[2024] VSCA 46Landlord and tenant — Lease of commercial premises — Landlord’s covenant to ‘maintain building in structurally sound condition’ — Scope of covenant — Whether landlord obliged to investigate concerns regarding structural soundness of premises – Whether duty to maintain only enlivened following disrepair.

S, as landlord, and the Brotherhood of St Laurence (BSL), as tenant, were parties to a lease of commercial premises. In January 2020, BSL notified S of potential structural issues with the premises. In March 2020, BSL provided S with an engineering report which recommended further investigations. In November 2020, S obtained a report from the same consulting engineer, which also recommended investigations. S did not undertake any investigations.

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