Koronczyk v Victorian Small Business Commissioner
Supreme Court of Victoria
Croft J
28/07/2023
[2023] VSC 431
Landlord and tenant — Retail leases — Retail tenancy dispute — Alternative dispute resolution — Corporate tenant — Director guarantor — Duty of Victorian Small Business Commission to arrange mediation or other appropriate form of alternative dispute resolution — Failed mediation with tenant — Director as guarantor claiming further dispute — Commission issued certificate certifying failure of mediation encompassing director without further mediation — Whether different dispute — Whether failure by Commission to comply with duty — Effect of any failure to comply with statutory provisions with respect to issuing of certificates — Retail Leases Act 2003 (Vic), ss 1, 85, 86(3), 87(1), 87(3), 91(1)(c) — Small Business Commission Act 2017 (Vic), ss 3, 10(1)
Administrative law — Victorian Small Business Commission — Role of Commission — Small Business Commission Act 2017 (Vic), ss 3, 10(1) — Retail Leases Act 2003 (Vic), ss 85, 86(3), 87(1), 87(3), 91(1)(c)
Read the judgment here.