LANDLORD AND TENANT – Tenant’s breaches of lease by performing structural works without a building permit – Tenant’s failure to seek prior consent from landlord for works – Whether breaches of lease were remedied – Default notice – Purported renewal of lease – Effect of Building Act 1993 (Vic) and Building Regulations 2006 (Vic) sch 8 item 4(a)(iii) – Whether landlord required not to unreasonably refuse retrospective application for consent – Whether consent was refused unreasonably – Building Act 1993 (Vic) ss 4(1), 4(2), 16 – Building Regulations 2006 (Vic) reg 1801, sch 8 item 4(a)(iii) – Property Law Act 1958 (Vic) s 146(1).

Omar Property Pty Ltd & Ors v Amcor Flexibles (Port Melbourne) Pty Ltd (No 4) [2020] VSC 216 (01 May 2020)