by actionproperty | Aug 15, 2019 | Uncategorized | 0 Comments
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... read more
by actionproperty | Mar 20, 2019 | Property Disputes, Valuation Matters | 0 Comments
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... read more
by actionproperty | Jan 22, 2019 | Leases & Rentals, Property Disputes, Resumption & Compensation | 0 Comments
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... read more
by actionproperty | Nov 15, 2018 | Property Disputes, Valuation Matters | 0 Comments
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... read more
by actionproperty | Aug 14, 2018 | Property Disputes | 0 Comments
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... read more
by actionproperty | Mar 30, 2018 | Property Disputes | 0 Comments
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... read more
by actionproperty | Feb 20, 2018 | Leases & Rentals | 0 Comments
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... read more
by actionproperty | Jun 23, 2017 | Leases & Rentals, Valuation Matters | 0 Comments
W.A.L.E. is a relatively new benchmark adopted by the Australian property investment industry. Obviously, it’s not a mammal, so what does it mean? Simply put, it is yet another benchmark by which to compare investment property value. The Property Council of... read more
by actionproperty | Jan 14, 2017 | Property Disputes, Valuation Matters | 0 Comments
The loss in value arising from a central QLD Council issuing an incorrect planning development certificate AND the loss in value caused by a falling market were some of issues arising from a buyer believing the property had industrial zoning when in fact it was rural... read more
by actionproperty | Dec 2, 2016 | Leases & Rentals | 0 Comments
The Retail Shop Leases Act 1994 (Qld) legislation was overhauled 25 November 2016, ten years since the last revision, with numerous amendments that will have significant impact on lessors, lessees, legal advisers, leasing /managing agents and specialist retail... read more
by actionproperty | Sep 15, 2016 | Leases & Rentals | 0 Comments
This case generated widespread interest in the media and property community. The Court’s decision clearly established a general principle that a short-term AirBnB stay CAN be a lease in breach of the Residential Tenancies Act without the written authorisation from... read more
by actionproperty | Jul 7, 2016 | News Trends & Legislation | 0 Comments
The June 2016 decision by the Federal Government to expand the Commercial Building Disclosure (CBD) scheme and the Equipment Energy Efficiency (E3) will lower the requirement for most sellers and lessors of commercial office space from 2,000 to 1,000 square metres.... read more
by actionproperty | Feb 9, 2016 | Property Disputes | 0 Comments
The lack of pre-purchase due diligence was no defense in an off-the-plan purchase of a Surfers Paradise $16.85m penthouse, again highlighting the need for buyers to seek professional valuation and legal advice before signing the dotted line. It also serves as a... read more
by actionproperty | Dec 19, 2015 | Leases & Rentals, Property Disputes | 0 Comments
Lessee’s fitout is usually not included or contested in an assessment of premises rental value. This matter included an obligation on the Lessee to spend a minimum of $1 million on fitting out the leased premises which comprised an iconic commercial building in the... read more
by actionproperty | Sep 10, 2015 | Property Disputes | 0 Comments
Property owners should be wary of allowing others to access their property. The often-forgotten statutory right of user powers to acquire formal rights over adjoining land were awarded in two recent cases. Land owners are often shocked to learn that neighbours can... read more
by actionproperty | Jul 1, 2015 | Leases & Rentals | 0 Comments
A lessee was refused exercise of option after it was deemed to have breached lease terms and conditions. An Appeal Court overturned an earlier decision after considering issues of unauthorized underletting, failure to keep the premises clear of termites, CPI rent... read more
by actionproperty | May 9, 2015 | Leases & Rentals | 0 Comments
This rental dispute highlights that tenants and landlords cannot contract outside the law (Retail Shop Leases Act Qld), even with agreement between the parties to a particular procedure. The parties to a Surfers Paradise restaurant shop lease were unable to agree on... read more
by actionproperty | Feb 17, 2015 | News Trends & Legislation | 0 Comments
PAMDA is dead, long live four new Acts … including the Property Occupations Act 2014, where the new rules have substantial impacts on most residential sale contracts including: The vendor or their agents no longer have to provide a purchaser with a Form 30c, which... read more
