FLOUR MILL DEAL DUSTED

FLOUR MILL DEAL DUSTED

The issues of (1) properly disclosed site contamination and (2) a subsequent value fall 30% below the purchase price, were pivotal in the high-profile dispute over an iconic Brisbane development site sale.  Queensland’s Court of Appeal confirmed the initial...
BODY CORPORATE UNPAID LEVY TIME LIMIT

BODY CORPORATE UNPAID LEVY TIME LIMIT

Qld Body Corporates breathed a collective sigh of relief when an Appeal overturned a ruling concerning time limitations for commencing proceedings to recover levies and penalties under body corporate legislation i.e. Section 145 of the Body Corporate and Community...
DUE DILIGENCE DEBACLE

DUE DILIGENCE DEBACLE

A damages award of $1.127m has been set aside on a principle of law concerning duty of care after a purchaser relied on a Council issued defective town planning certificate that contained wrong zoning and real property description. The circumstances and initial...
RETAIL LEASE PERSONAL GUARANTEE DISASTER

RETAIL LEASE PERSONAL GUARANTEE DISASTER

The potential catastrophic consequences of Lessees providing personal Directors guarantees has again been highlighted in an instance where the owners of a failed fresh fruit and vegetables retail shop were ordered to pay $3.5m. The shopping centre Lessor agreed to...