Landlord’s ability to call on a bank guarantee

In March 2013, the Supreme Court of Victoria held that a landlord can call on a bank guarantee if the landlord claims in good faith that there has been a breach of the lease:Otter Group Pty Ltd v Wylaars & Anor [2013] VSC 98.  That is, a landlord can have immediate recourse to the bank guarantee without having to wait for a court to decide whether the tenant has breached the lease. More…