Impressive 1 Pty Ltd v Jbarat

Impressive 1 Pty Ltd, the lessee, brought proceedings against Jbarat, the lessor, claiming the lessor breached the lease by refusing permission for the removal of its goods and fixtures and converting those goods and fixtures. The dispute came before the Supreme Court of Victoria. The central legal issues were whether the lessor had breached the lease by refusing permission for the removal of the lessee's goods and fixtures and whether the lessor had converted the goods and fixtures.

The court found that the lease contained a clause that required the lessee to seek the lessor's consent before removing any goods or fixtures. The court noted that the lease did not require the lessor to give its consent and that the lessee had not sought the required consent. As such, the court held that the lessor had not breached the lease by refusing permission for the removal of the goods and fixtures. The court also found that the lessor had not converted the goods and fixtures, as the lessor had not intended to permanently deprive the lessee of the goods and fixtures. Instead, the lessor had intended to retain the goods and fixtures until the lease expired, at which point the goods and fixtures would be returned to the lessee.

The court dismissed the proceedings and made no orders for costs. The court found that the lessor had not breached the lease or converted the goods and fixtures. The court held that the lease did not require the lessor to give its consent to the removal of the goods and fixtures, and that the lessor had not intended to permanently deprive the lessee of the goods and fixtures.