A jump in house prices in Sydney and Melbourne over the past month has pushed the average value of homes in Australia’s capital cities to a record high (01 September 2013)
The RBA has joined the string of organisations that are concerned about self-managed superannuation fund (SMSF) exposure to property. In a Financial Stability Review, the RBA noted that changes to superannuation legislation have made direct property investment more appealing and more accessible to SMSF (26 September 2013)
Strata office space is gaining significant interest from a range of tenants and investors as demand wanes at the bigger end of the market. The CBRE reports leasing of strata offices was on the ascendancy, with rents being written at an average $650-$700 a square metre, mainly for core city locations of about 100 square metres-plus (28 September 2013)
A 300 metre long, 30 metre wide pedestrian promenade along Sydney Harbour has been given planning approval as part of the city’s Barangaroo redevelopment (26 September 2013)
The reforms proposed to the Home Building Act are a positive move towards a fairer system for homeowners and developers, says the Urban Taskforce (24 September 2013)
The NSW Minister for Fair Trading has introduced into Parliament new window safety laws to help prevent children falling from windows in residential strata buildings with amendments to the Strata and Residential Tenancies legislation , saying the new laws will help to save lives (18 September 2013)
The Urban Taskforce has developed a new system of grading density based on building heights and density types. To encourage community use of their EcoDenCity package the Urban Taskforce have developed a publication, a website, a YouTube, an email version and a flipbook available here (26 September 2013)
The NSW Government is calling for Expressions of Interest for the sale of the Ausgrid Building.
Expressions of Interest close 24 October 2013. For more information on the EOI process, click here.
To read the Government’s media release, click here. (September 2013)
The objective of the CPAS Program is to improve the property addressing system in New South Wales (NSW), to support the efficient and effective delivery of emergency services, post and utility services and to support a range of government activities (September 2013)
Order that the Plaintiff’s application to extend the Caveat be dismissed. REAL PROPERTY – Torrens Title – Caveat against dealings – application for extension of Caveat – Real Property Act 1900, ss 74K and 74J – whether caveatable interest – Conveyancing Act 1919; Real Property Act 1900
Application to restrain sale by auction dismissed.
Default judgment – restraint of sale – no question of principle – Contracts Review Act 1980
Possession to the plaintiffs in respect of some parcels of land in North Bendalong; awarded monetary judgment in favour of the plaintiffs against the defendant for $2,104.064.60
The appeal is dismissed. Retail lease – whether lessee liable for damage caused by fire in premises – Civil Liability Act 2002 – identification of relevant risk of harm – Administrative Decisions Tribunal Act 1997; Civil Liability Act 2002; Retail Leases Act 1994
Amended cross-claim dismissed; defendant pay the plaintiff’s costs of the proceedings, including the cross-claim.
LANDLORD AND TENANT – leases and tenancy agreements – construction and interpretation – lessee operated hotel on leased premises – whether lessor obliged to consent to lessee’s application to Council for extended trading hours – appropriate material to which regard can be had in construing terms of lease – meaning of expression “proper business hours” – implied terms of co-operation and non-derogation from grant – whether implied terms ousted by clause excluding implication of terms in respect of pre-contractual promises and representations – declaration – whether application for declaration concerns purely hypothetical dispute
APPEAL – civil – leave to appeal – whether arguable case – jurisdiction under the District Court Act 1973
APPEAL – civil – leave to appeal – whether trial judge denied applicant procedural fairness- dismissed
CONTRACTS – general contractual principles – harsh and unconscionable contracts and statutory remedies – Contracts Review Act 1980, s 6(2) – whether contract entered in the course of or for the purpose of a trade, business or profession
CONTRACTS – general contractual principles – harsh and unconscionable contracts and statutory remedies – Contracts Review Act 1980, s 7 – whether contract was unjust at the time it was made
judgment for the respondents in the sum of $98,546.30 against Stephen May (the applicant), being in respect of rental payments that the applicant had guaranteed under a lease entered into between Belltree Constructions Pty Limited (Belltree Constructions) and the respondent
Appeal allowed. CONTRACT – contract for the sale of land – validity of notice to complete – whether contract required fourteen clear days notice – whether any shorter period permissible
CONTRACT – whether purchasers repudiated the contract by failing to complete on an agreed date (where a valid notice to complete had not been served) – purchasers insisting on an erroneous interpretation of the contract as the basis of their refusal to complete on the agreed date – purchasers acting in good faith – failure of vendor to point out the precise error in the purchasers’ interpretation
Conveyancing Act 1919 s 55(2A)
The second respondent is to pay 5 per cent of the applicant’s costs
COSTS – easements of carriageway and construction granted under s 88K Conveyancing Act 1919 – whether a neighbour joined as a respondent to protect its intertwined interests should be ordered to pay part of applicant’s costs and part of the costs applicant was ordered to pay the respondent owner of the servient tenement – whether in such a case costs follow the event – whether the applicant and the neighbour respectively won and lost – whether the neighbour’s conduct of the proceedings was such as to unreasonably prolong the proceedings.