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...
by actionproperty | Dec 19, 2015 | Leases & Rentals, Property Disputes
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...