GHAZI v Taronne Pty Ltd

The proceeding concerned a dispute between the applicant, GHAZI, and the respondent, Taronne Pty Ltd, regarding alleged breaches of a retail lease agreement. The matter came before Judge Mercuri in the County Court of Victoria.

The central legal issues before the court were whether Taronne Pty Ltd had breached the retail lease agreement by failing to provide GHAZI with a disclosure statement in accordance with section 11 of the *Retail Leases Act 2003* (Vic), and if so, what remedies were available to GHAZI. The court also considered whether GHAZI had waived any right to a disclosure statement.

Judge Mercuri found that Taronne Pty Ltd had indeed failed to provide a disclosure statement as required by the *Retail Leases Act 2003*. The court reasoned that the purpose of section 11 is to ensure prospective tenants are fully informed about the terms of the lease and the premises, and that this purpose would be undermined if a failure to provide the statement could be easily waived. The court held that the disclosure requirements were mandatory and could not be waived by a tenant, even if the tenant entered into possession of the premises. Consequently, the court determined that GHAZI was entitled to terminate the lease and claim damages for losses incurred as a result of the breach.

The court ordered that the retail lease agreement be terminated and awarded damages to GHAZI.