by actionproperty | Jan 22, 2019 | Leases & Rentals, Property Disputes, Resumption & Compensation |
A neighbourhood supermarket business 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 (Q), Acquisition...
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...
by actionproperty | Aug 14, 2018 | Property Disputes |
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...
by actionproperty | Mar 30, 2018 | Property Disputes |
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...
by actionproperty | Jan 14, 2017 | Property Disputes, Valuation Matters |
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...
by actionproperty | Feb 9, 2016 | Property Disputes |
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...
