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Unlicensed agent wins “boozy lunch” site introduction commissions
A property consultant who “sourced” early learning centres for investors at a fee of $2000 per approved child place has fended off allegations he was working unlicensed as a real estate agent to...
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Gold coast unit owner battles for de-facto exclusive use
Can the owner of a community title lot – in the absence of a formal exclusive use resolution – justify improvements constructed on adjacent common property by demonstrating they were sufficiently...
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Encroachment of neighbour’s garage: court orders land transfer
Agnieszka and Pawel Wardanski’s home at 10 Cynthia Crescent, Springwood that they acquired in 2003, adjoined that of Karen Mawby and Scott Marks who acquired their residence in 2014. Neither conducted...
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Asset lending can be unjust; compound interest unconscionable
“Asset loans” – at very high interest rates – are particularly attractive to financially distressed borrowers who are not eligible to obtain a bank loan. Those borrowers are often over-optimistic about...
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Misleading financials: cheating the ATO or deceiving his buyers?
A business owner who provided potential buyers with impressive financial accounts that differed from the loss-making figures he had filed with the ATO has been ordered to refund the purchaser...
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Salt lamp business interest sale tangled in state ACL twist
The Australian Consumer Law scheduled to the federal Competition and Consumer Act applies to corporations engaged in trade or commerce. The Australian Consumer Law (Queensland) adopts the federal Act...
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Form fight: seller to pay agent 20% commission on terminated contract
How often do real estate agencies get their hands on a commission from a deal that goes sour and how rarely does that turn out to be a motza? Consider this real estate deal that crashed in 2020 but...
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Lessor floored: make good costs reduced by windfall benefit
Landlords and tenants squabbling over make good costs in commercial leases should consider this dispute relating to an industrial warehouse leased to a heavy machinery hire company. Kingston Industries...
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DIY litigant opens up court on Sunday for fence dispute
A neighbour spat over trees and a dividing fence dispute that drafted not one but two Supreme Court duty judges into the the courtroom for an urgent weekend sitting has been listed for a final hearing...
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Court voids “utterly crushing” 417% p.a. interest; 70% p.a. ok
A private lender’s interest rate of 417% has been ruled to be “utterly crushing” but a court has approved its 70% per annum rate on a $430,000 six-month loan. Connie Huang and her adult daughter...
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Agency in rent roll contract win; judge’s errors prolong 6 year fight
Investors who defaulted on a rent roll buy have been ordered to pay more than $200,000 for the disruption caused to the seller by their last-minute refusal to settle. Babstock Pty Ltd sold its $800,000...
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Buyer falls flat: No PEXA extension for lender’s failure to settle
A property developer who signed up the $4 million buy of a 52 acre development site in Rockbank, in Melbourne’s outer west in August 2017 has stumbled at the finish line when it failed to have finance...
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The full bottle: Bordeaux château flops Aussie wine injunction claim
A Bordeaux wine estate’s recent injunction claim against a Tasmanian winemaker has produced a rich blend of intriguing information about the international wine business and Australian wine consumption....
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