The Property Mill – New South Wales – 24 September 2013

September, 2013

In the media

Australian real estate leads in sustainability

The Global Real Estate Sustainability Benchmark 2013 Report released last week in Amsterdam, indicates Australia is leading the charge in the global real estate sector’s bid to reduce its environmental impact (16 September 2013)

To read more, please click here.

ASFA: SMSF property spruikers need regulation

Property marketers who try to incentivise self-managed superannuation fund (SMSF) customers with overseas holidays should be bound by the same regulations as other financial advice providers, an industry body believes (12 September 2013)

To read more, please click here.

DTZ Research’s Global Office Review:  Sydney office rents stable

Office rents in Sydney have stabilised and tenants are locking in long-term leases before rents are set to rise, according to the  DTZ Research’s Global Office Review for 2013 (16 September 2013)

To read more, please click here.

Published – articles, papers, reports

Growth Centres SEPP consultation: housing diversity in Sydney’s Growth Centres

The changes include amendments to the State Environmental Planning Policy (Sydney Region Growth Centres) 2006 (Growth Centres SEPP) and the Growth Centre Precinct Development Control Plans (DCPs) to assist in the delivery of greater housing choice and to create more affordable housing on smaller lots. Submissions close on 14 October 2013 (29 August 2013)

To read more, please click here.


John David Mansour & Anne Khoury, Executors of the Estate of Anthony Hanna Mansour v Joseph Mansour (No. 2) [2013] NSWSC 1278

REAL PROPERTY – possession sought by Trustees of deceased estate – second defence filed by occupier – matters raised relate to concerns with administration of estate – no defence to claim for possession – defence struck out – plaintiffs entitled to judgment

To read more, please click here.

Ironlaw Pty Ltd v Wollondilly Shire Council (No 2) [2013] NSWLEC 146

PROCEDURE – summary dismissal of an appeal under s 97(1)(b) of the Environmental Planning and Assessment Act 1979 (EPA Act) – development application not accompanied by an environmental impact statement – application identified as being for designated development only after commencement of the appeal – whether absence of an environmental impact statement at the time of commencing appeal rendered the appeal incompetent – whether reliance could be placed upon s 82(1) of the EPA Act – whether development application had been ‘lodged’ so as to engage cl 113 of the Environmental Planning and Assessment Regulation 2000 (the Regulation) – significance of consent authority’s entitlement to reject application under cl 51 of the Regulation – operation of the assessment period and ‘stop-the-clock’ provisions in the Regulation – whether the Court could make a nunc pro tunc order in respect of the appeal

To read more, please click here.

Gnych v Polish Club Limited [2013] NSWSC 1249

REAL PROPERTY – leases – operation of the Retail Leases Act 1994 (NSW) ss 5, 6A, 8 and 16, the Liquor Act 2007 (NSW) s 92 and the Registered Clubs Act 1976 (NSW) ss 41J and 41Q – whether a leasehold interest vests in a tenant notwithstanding illegality of the lease

To read more, please click here.

Alec Finlayson Pty Ltd v Royal Freemason Benevolent Institution of New South Wales Nominees Ltd [2013] NSWSC 1168

CONTRACT – specific performance – limitation of actions – whether an action for specific performance cannot be maintained by operation of Limitation Act 1969 (NSW) ss 14 and 23-  land a sale – easements – Corporations Act 2001 (Cth)

To read more, please click here.

Gigi Entertainment Pty Ltd v Schmidt [2013] NSWCA 287

LANDLORD AND TENANT – measure for calculation of loss of bargain damages on termination of lease for breach of an essential term – where owner takes possession and carries on business itself as entitled to do under the lease

EVIDENCE – whether expert evidence rejected by trial judge on the grounds of relevance should have been admitted as going to potential basis for calculation of loss of bargain damages – appeal dismissed with costs

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