The case of Thistle Investment Pty Ltd v MXL Investment Pty Ltd [2024] QSC 247 revolved around the disputed termination of a lease due to alleged breaches of repair and maintenance obligations. Thistle (applicant) claimed MXL (respondent) failed to maintain and keep a hotel in substantial repair, a requirement under their lease. The court found that the notice issued to remedy the breaches was flawed, as it contained an expansive and vague list of works from a report not limited to necessary repairs but including 'make good' works upon lease termination. The judge ruled that the notice did not comply with legislative requirements, as it did not specify the breaches sufficiently or provide reasonable remedial actions, rendering it ineffective. Consequently, Thistle’s application for a declaration that the lease was validly terminated was denied.
Full text: https://www.sclqld.org.au/caselaw/149803