State Administrative Tribunal (WA)|2025-05-05

The application for the approval of the inclusion of Clause 4.4 in the lease between the parties which commenced on 1 November 2024 in respect of the premises at 465 Beaufort Street, Highgate, is dismissed.

The application for the approval of the inclusion of Clause 4.4 in the lease between the parties which commenced on 1 November 2024 in respect of the premises at 457 Beaufort Street, Highgate, is dismissed.

I certify that the preceding paragraph(s) comprise the reasons for decision of the State Administrative Tribunal.

[1] Act, s 13(1) subject to the requirements in s 13(1)(a) and s 13(1)(b) of the Act.

[2] Parliament of Western Australia Record of Debates, Legislative Assembly, 21 February 1985, page 185; Synicast Pty Ltd and Showroom X Pty Ltd [2023] WASAT 47 (Synicast) at [28].

[6] See 480 Hay Street Pty Ltd v Irwin St Lower Pty Ltd [2020] WASC 59 at [31]; Synicast at [30].

Tenancy (Retail Shops) Agreements Act 1985

Administrative Tribunal Act 2004

FROM THE TIPS PTY LTD and THE SALVATION ARMY (WESTERN AUSTRALIA) PROPERTY TRUST [2025] WASAT 39 (5 May 2025)

480 Hay Street Pty Ltd v Irwin St Lower Pty Ltd [2020] WASC 59

Synicast Pty Ltd and Showroom X Pty Ltd [2023] WASAT 47

FROM THE TIPS PTY LTD and THE SALVATION ARMY (WESTERN AUSTRALIA) PROPERTY TRUST [2025] WASAT 39 (5 May 2025)

At a glance

Court

Decision date

Source

Judgment (6 paragraphs)

Legislation Cited (2)

Cases Cited (3)

FROM THE TIPS PTY LTD and THE SALVATION ARMY (WESTERN AUSTRALIA) PROPERTY TRUST [2025] WASAT 39 (5 May 2025)