by actionproperty | Mar 22, 2020 | Leases & Rentals, Property Disputes
A lease dispute involving Melbourne’s famous Hopetoun Tea Rooms in the iconic Block Arcade is yet another reminder of perils associated with lease incentives. Whilst this was a complicated involving other matters, the VCAT Tribunal essentially followed the 2014 Qld...
by actionproperty | Aug 15, 2019 | Articles
A Court of Appeal has overturned the $2M loss of profits resumption compensation previously awarded to the Lessee of a small long-established highway roadhouse largely because of an oral arrangement that included an expectation of renewal based on the relationship...
by actionproperty | Mar 20, 2019 | Property Disputes, Valuation Matters
An argument over how the value of lease incentives should be treated in the settlement documents ultimately torpedoed the contract of a commercial office complex opposite the Royal Brisbane Hospital. It highlights how lease incentives can potentially have unforeseen...
by actionproperty | Jan 22, 2019 | Leases & Rentals, Property Disputes, Resumption & Compensation
A neighbourhood supermarket business at Murrumba Downs was decimated by resumption roadworks and claimed for compensation. After lower courts ruled YES-NO-YES, the High Court finally said NO. The courts considered the applicable provisions of the Land Title Act 1994...
by actionproperty | Nov 15, 2018 | Property Disputes, Valuation Matters
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...