Supplier stays mum on closure plans: chook grower cries fowl

September 24, 2024 | 252 views

Agricultural investors Phil Feitelson and Jacques Vorster have failed in a five-year pursuit of poultry Bartter Enterprises for allegedly misleading t

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How reasonable must a reasonable landlord be? – Court reverses refusal of assignment consent

May 06, 2010 | 1737 views

The Supreme Court* recently ordered a landlord – who acted on “one-sided” and “ill informed” information – to reverse its decision to deny consent to a lease assignment. D sold her aircraft hangar at a country Queensland airstrip, to A. There was no formal documentation and no landlord consent to the assignment of the lease […]

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When does size matter? – 15% smaller balcony not enough for river-front apartment sale termination

May 06, 2010 | 1036 views

The Supreme Court has ruled on a Tennyson Reach contract termination argument about balcony size and whether they measured up to contract terms. This time the buyer had signed a $1.5 million off-the-plan apartment contract in July 2007 for a third floor apartment in a building with outlooks over the Brisbane River. The annexed plans depicted the […]

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PAMDA – the monthly cost of reform delay

March 05, 2010 | 977 views

The PAMDA mess rolls on. Let’s examine the cost paid by Queensland families and businesses for each month the promised reform is delayed. Transaction costs for buyers & sellers The complexity of PAMDA compliance means that half of the time lawyers devote to sales contracts is allocated to PAMDA compliance. It also means that people […]

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Residential Put & Call Options – does PAMDA apply?

March 04, 2010 | 1106 views

A put and call option is sometimes treated in law in the same way as a sale contract and if it relates to residential property, the PAMDA processes – warning statement and presentation etc – must be followed. But there are exceptions, notably involving property marketing. The Supreme Court has ruled that a developer’s put and […]

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“Glimpses” + “view” =/ “ocean views” – Lessons from beachside unit contract termination

March 03, 2010 | 1154 views

The Supreme Court has upheld a buyer’s termination of a residential apartment contract because the outlook from the balcony did not measure up to contract terms. The buyer signed an off-the-plan contract in May 2008 for a Maroochydore apartment subject to a special condition agreed to by the seller: “The position of the unit must […]

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Sustainability Declarations – Yet another paperwork hurdle for agents

January 11, 2010 | 1026 views

From 1 January 2010, every seller of a house, townhouse or unit must complete a “Sustainability Declaration” before the property is marketed or offered for sale. This brand new green-tape requirement comes about by way of a new Chapter 8A in the Building Act of 1975 and a new Part 5 of Chapter 11 of […]

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How good is your lease? “Ratchet” rent review provisos valid – for now

November 09, 2009 | 1074 views

A recent Court of Appeal decision* has clarified the validity of retail rent review provisos that allow for CPI or market review increases but specify that the resulting rent must be “not less than the rent payable during the immediately preceding year”. The lease in question was in respect of the Courthouse Restaurant at Cleveland. […]

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Court crashes 12 high-rise contracts: failure to observe statutory disclosure requirements

November 06, 2009 | 1111 views

Non-compliance with the disclosure requirements of the Environmental Protection Act (“EPA”) and the Body Corporate and Community Management Act (“BCCMA”) was the basis of a September 2009 court ruling allowing the termination of 12 off-the-plan unit sales in the Matisse Tower in Mary Street, Brisbane. The sales – for commercial rather than residential units – were […]

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Special condition designed for “emotional defects”

October 06, 2009 | 1006 views

How do you go about selling a home with “emotional defects” – features that do not relate to title and which are not apparent in the physical structure – but might make it less enjoyable to some buyers? Do you have to tell prospective buyers about a home’s regrettable history even if it has no […]

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Supplier stays mum on closure plans: chook grower cries fowl

Read Story

How reasonable must a reasonable landlord be? – Court reverses refusal of assignment consent

Read Story

When does size matter? – 15% smaller balcony not enough for river-front apartment sale termination

Read Story

PAMDA – the monthly cost of reform delay

Read Story

Residential Put & Call Options – does PAMDA apply?

Read Story

“Glimpses” + “view” =/ “ocean views” – Lessons from beachside unit contract termination

Read Story

Sustainability Declarations – Yet another paperwork hurdle for agents

Read Story

How good is your lease? “Ratchet” rent review provisos valid – for now

Read Story

Court crashes 12 high-rise contracts: failure to observe statutory disclosure requirements

Read Story

Special condition designed for “emotional defects”

Read Story

Do you have any questions?

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