The Property Mill – New South Wales – 10 October 2013

October, 2013

In The Media

RP Data-Rismark capital city house price index hits record high in September

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)

To read more, please click here.

Reserve Bank of Australia (RBA) red flags SMSF property exposure

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)

To read more, please click here.

Strata space in focus for NSW

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)

To read more, please click here.

Go ahead for Barangaroo foreshore promenade and public space

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)

To read more, please click here.

NSW home building reforms establish a better owner and builder relationship

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)

To read more, please click here.

New window safety laws to help prevent child falls

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)

To read more, please click here.

Announcements, Draft Policies and Plans released 2013

Sydney needs urban housing to compliment suburban housing

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)

To read more, please click here.

Ausgrid building sale: EOI

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)

NSW Comprehensive Property Addressing System (CPAS): LPI Fact Sheet

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)

To read more, please click here.


Shuvak Pty Ltd v Australand Holdings Limited [2013] NSWSC 1410

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

To read more, please click here.

Powers v Hall [2013] NSWSC 1356

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

To read more, please click here.

Charalambous v Yeung (RLD) [2013] NSWADTAP 44

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

To read more, please click here.

Dogrow Pty Ltd v Teakdale Pty Ltd [2013] NSWSC 1380

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

To read more, please click here.

May v Brahmbhatt [2013] NSWCA 309

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

To read more, please click here.

Stephen Wayne Velik v Noreen Steingold [2013] NSWCA 303

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)

To read more, please click here.

Moorebank Recyclers Pty Ltd v Liverpool City Council (No 5) [2013] NSWLEC 132

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.

To read more, please click here.

Contact Mills Oakley


James Price | Partner 
T: +61 3 9605 0824

Anthony Brearley | Partner
T: +61 3 9605 0810

Tom Cantwell | Partner
T: +61 3 9605 0958



Tony Butler | Partner 
T: +61 7 3228 0432



Lachlan Paterson | Partner
T: +61 2 8289 5895

Catherine Hallgath | Partner
T: +61 2 8289 5806

Tim L’Orange | Partner 
T: +61 2 8289 5816



Adam Peppinck | Partner
T: +61 2 6196 5203



Andrew Logan | Partner
T: +61 8 6167 9802


Patrick Thaung | Partner
T: +61 8  6167 9803

Privacy Policy | Terms of Use