The Property Mill Queensland – 30 April 2015

April, 2015

In the Media

New data underlines importance of foreign investment

Foreign investment is an essential ingredient in Australia’s property industry that helps drive new residential supply and ease pressure on housing affordability. The ANZ/Property Council Survey June quarter 2015 results show relatively stable but significant levels of foreign investment is helping bring new housing supply to market (24 April 2015)

To read more, please click here.

PCA: Certainty on negative gearing a boost for housing affordability

The Property Council of Australia welcomes comments by the Prime Minister today ruling out any changes to negative gearing. Executive Director, Nick Proud, said providing certainty on the future of this tax measure will benefit housing affordability and give average workers who invest in property confidence (16 April 2015)

To read more, please click here.

Superannuation for housing deposits and the deposit gap: Parliamentary Research Report

The idea of allowing early access to superannuation for housing has recently resurfaced in public debate. This FlagPost provides a high-level chronology of major announcements and reviews, and a brief discussion of decreasing housing affordability reflected in the ‘deposit gap’ measure. (13 April 2015)

To read more, please click here.

Queensland

Cattle grazing leases in Queensland national parks unlikely to be renewed

Time is running out for graziers running cattle on Queensland’s national parks, with the new State Government likely to phase out the practice (26 April 2015)

To read more, please click here.

State Government to consider draft Gold Coast City Plan

Gold Coast City Council voted in favour of the draft City Plan 2015 (the Plan) on the 10th of April. The Plan has now been sent to the Queensland Government for Ministerial approval to adopt (23 April 2015)

To read more, please click here.

Government green lights Beaudesert bypass

Deputy Premier and Minister for Infrastructure, Local Government and Planning Jackie Trad said the Queensland Government would work closely with the Scenic Rim Regional Council to deliver the $27.5 million Beaudesert Town Centre Bypass. The project would be jointly funded with Council, and the Queensland Government would invest up to $26 million into the project (23 April 2015)

To read more, please click here.

Major jobs boost as developer appointed to transform Yeerongpilly Green site

Queensland Deputy Premier and Minister for Infrastructure and Planning Jackie Trad announces  Queensland company Consolidated Properties, in a joint venture with LJCB Investments, would construct the project over two phases with the final phase being completed in 2024 (15 April 2015)

To read more, please click here.

Cases

Juniper Property Holdings No 15 P/L v Caltabiano [2015] QSC 095

COSTS – JURISDICTION – PERSONS NOT PARTIES TO PROCEEDINGS – where the plaintiff was the seller and the defendant was the buyer in a contract of sale of land – where the plaintiff claims termination of the contract of sale, forfeiture of the deposit and interest – where the defendant counterclaims rescission on the basis of misrepresentations, unconscionable conduct and misleading and deceptive conduct – where there were receivers and managers appointed for the plaintiff – where the defendant applied for a declaration that the receivers and managers be made jointly and severally liable in relation to any costs order made in favour over the defendant – whether a declaration should be made

To read the case in full, please click here.

Chief Executive, Department of Justice and Attorney General v Hucker [2015] QCAT 087

REAL ESTATE AGENT – DISCIPLINARY PROCEEDINGS – where agent held deposit in personal bank account – where agent used money held as personal funds – where client known to be in poor health – where no consumer suffered loss – whether ground for disciplinary action – penalty to be applied
Chief Executive, Department of Justice and Attorney-General v Sparkling Property Developments Pty Ltd Christine Jayne Jury [2014] QCAT 24 Chief Executive, DTFTWID v Caughey [2006] QCCT PAMD 42 Chief Executive, Department of Justice and Attorney General v My House is Your House Pty Ltd (under external administration) & Anor [2012] QCAT 326

To read the case in full, please click here.

Gekko Developments Pty Ltd v Centa Company Pty Ltd [2015] QSC 087

CONTRACTS – GENERAL CONTRACTUAL PRINCIPLES – FORMATION OF CONTRACTUAL RELATIONS – where parties dispute the content and existence of a legal relationship allegedly arising from dealings between the parties – where the defendant had previously granted the plaintiff an option to purchase property belonging to the defendant – where the plaintiff claimed the parties agreed, in consideration of the plaintiff giving up its claim to a contractual entitlement to the property, that the defendant would pay to the plaintiff $3 million – whether the defendant made an agreement to make a conditional or unconditional payment to the plaintiff – where the defendant denies any conversation to that effect and existence of any contract
CONTRACTS – GENERAL CONTRACTUAL PRINCIPLES – CONSIDERATION – WHAT AMOUNTS TO CONSIDERATION – whether there was an agreement that the defendant would pay the plaintiff $3 million in consideration for giving up its contractual entitlement to the defendant’s property – where the plaintiff’s case was that there would have been consideration by a forbearance to sue – unnecessary to consider whether there was good consideration – it would be sufficient consideration for the agreement upon which it sues if the plaintiff gave up what it genuinely believed to be a legal entitlement – not clear that the plaintiff genuinely believed it had a legal entitlement to the property
EVIDENCE – WITNESSES – where the credibility of witnesses was questionable – where the conclusion resulted not from a favourable impression of the defendant’s witnesses, but from an assessment of the relative probabilities of the respective cases from uncontroversial facts

To read the case in full, please click here.

Contact Mills Oakley

Melbourne


James Price | Partner 
T: +61 3 9605 0824
E: jprice@millsoakley.com.au


Anthony Brearley | Partner
T: +61 3 9605 0810
E: abrearley@millsoakley.com.au


Tom Cantwell | Partner
T: +61 3 9605 0958
E: tcantwell@millsoakley.com.au

luke-westmore

Luke Westmore | Partner
T: +61 3 9605 0061
E: lwestmore@millsoakley.com.au

Brisbane

tony-butler

Tony Butler | Partner 
T: +61 7 3228 0432
E: tbutler@millsoakley.com.au

Sydney


lachlan-paterson

Lachlan Paterson | Partner
T: +61 2 8289 5895
E: lpaterson@millsoakley.com.au

Catherine Hallgath | Partner
T: +61 2 8289 5806
E: challgath@millsoakley.com.au

Tim L’Orange | Partner 
T: +61 2 8289 5816
E: tlorange@millsoakley.com.au

Canberra

adam-peppinck

Adam Peppinck | Partner
T: +61 2 6196 5203
E: apeppinck@millsoakley.com.au

Perth

andrew-logan

Andrew Logan | Partner
T: +61 8 6167 9802
E: alogan@millsoakley.com.au

patrick-thaung

Patrick Thaung | Partner
T: +61 8  6167 9803
E: pthaung@millsoakley.com.au

 

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