Sporco Investments Pty Ltd v Le Messurier

Sporco Investments Pty Ltd brought a claim against Le Messurier in the Magistrates' Court of Victoria, contesting the latter's failure to vacate premises after the end of a lease term and his refusal to remove personal property left behind. This led to a dispute over trespass to land, as well as claims under the Leases (Commercial and Retail) Act 2001. The plaintiff sought damages for unpaid rent and other losses incurred due to the defendant's failure to vacate and clean the premises.

The primary legal issues before the court were whether the defendant's actions constituted a trespass to land by failing to remove waste following the end of the lease, and if so, whether the director of the company that owned the premises was also liable as a joint tortfeasor. Additionally, the court had to determine whether the statutory provisions applicable to the lease were correctly applied and if the plaintiff was entitled to recover the unpaid rent and associated costs.

The court held that the defendant's failure to vacate and clean the premises following the end of the lease constituted a trespass to land. The court found that the director of the company was also liable as a joint tortfeasor because he was directly involved in the management of the property and had failed to ensure compliance with the lease terms. The court ruled that the statutory provisions were correctly applied and that the plaintiff was entitled to recover the unpaid rent, lost profits, and other costs incurred due to the defendant's actions. The court ordered judgment for the plaintiff in the amount of $1,460,976 plus interest on unpaid and lost rent to be determined. The question of costs and legal costs available under the lease were reserved for further determination.