Aventus has won its appeal against Woolworths in relation to the grant of a consent to sub lease.
Aventus Group is the lessor under the lease of the former Masters store at Cranbourne Home. Aventus proceeded to re-lease the Cranbourne store to AMart, however Master did not provide their consent within the stipulated time.
The Masters subsidiary previously commenced and won legal proceedings against Aventus who proceeded with the sub lease. As was announced on 9 September 2019, Aventus appealed the judgement of the Supreme Court of Victoria and the Appeal was successful.
The Court of Appeal found the Landlord, Aventus did not act unreasonably in regards to the requests, and set aside the decision of the trial judge.
The Head Lease remains on foot until 30 September 2030, including the guarantee by Woolworths Limited for the performance by Home Consortium Leasehold Pty Ltd (formerly Masters Home Improvement Australia Pty Ltd) of its obligations under the Head Lease.
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