The Property Mill – Victoria – 1 November 2013

November, 2013

In the media

Property developers need to factor law into climate change  

A developer of a large resort and residential community was dealt a blow when its development application was overturned in the Queensland Planning and Environment Court earlier this year, after  not adequately taking into account climate change-related sea level rise (22 October 2013)

To read more, please click here.

ASIC warns consumers about ads recommending SMSFs purchase properties through government scheme  

The Australian Securities and Investments Commission (ASIC) has sounded a warning about people promoting self-managed super funds (SMSFs) encouraging consumers to invest in residential property via the government’s National Rental Affordability Scheme (NRAS) (22 October 2013)

To read more, please click here.

Eastland expansion to create new Ringwood town centre  

Construction on the massive Eastland Shopping Centre expansion is set to begin with 150 new stores and a restaurant precinct due to be open by Christmas in 2015, Premier Denis Napthine announced today (29 October 2013)

To read more, please click here.

A $120 million tower of investment in Southbank  

Minister for Planning Matthew Guy has approved a new $120 million residential complex in Southbank, boosting economic investment and liability in the central area (29 October 2013)  

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Cases

J Renee Nominees Pty Ltd – v – Mastrogiannis & Anor [2013] VCC 1381  

Trade Practices – claim for return of deposit following rescission of contract for sale of property – whether representations made to induce entry into the contract – whether representations would give rise to relief under 9 Fair Trading Act 1999 (Vic) / s18 Australian Consumer Law 2010 (Cth); for innocent misrepresentation; and/or for negligent misstatement – whether in the alternative there was a fiduciary relationship such as could give rise to a breach of fiduciary duty – whether alternatively the plaintiff was entitled to rescind pursuant to s27(8) of the Sale of Land Act 1962 (Vic) – counterclaim for damages for failure to complete – quantum of damages – whether director of proprietary company also liable under contract.

To read more, please click here.

Burnet v Yarra CC (Includes Summary) (Red Dot) [2013] VCAT 1753  

NATURE OF CASE Abuse of process

PRACTICE OR PROCEDURE – consideration of individual instance or systemic issues

Application for review by objector struck out for abuse of process pursuant to section 75(1) Victorian Civil and Administrative Act 1998 – attempt by objector to secure a commercial advantage for the person bringing the proceeding – importance of third parties acting bona fide

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ZX Group Pty Ltd v LPD Corporation Pty Ltd [2013] VSC 542  

VENDOR AND PURCHASER – Contract for sale of land – Prior sale – Pre-contractual and contractual warranties that land not previously sold – Breach of warranty – Previous sale – Whether warranty essential term – Whether serious breach of intermediate term –Purported termination by purchaser under contractual default provisions – Breaches of s 32 Sale of Land Act 1962 – Purported rescission under s 32(5) Sale of Land Act 1962 – Rescission denied under s 32(7) Sale of Land Act 1962 – Fraudulent misrepresentation – Whether rescission for fraudulent misrepresentation – Whether contract affirmed – Service of notice to complete by vendor – Rescission notice – Repudiation by purchaser – Election by vendor – Alleged rescission on alternative ground – Misleading or deceptive conduct under s 52, s 53A Trade Practices Act 1974 (Cth) – Damages under s 82 Trade Practices Act 1974 (Cth) – Rescission and order for repayment of deposit under s 87 Trade Practices Act 1974 (Cth).

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Trewarne Antique & Fine Jewellery Pty Ltd v Perpetual Limited (Retail Tenancies) [2013] VCAT 1743  

Letter of offer – acceptance invited – agreement stated to be subject to approval of Landlords – limited time for communication of approval specified – no notice of approval given within time – interpretation of letter – intention of the parties – letter expressed in terms of a concluded agreement – performance required by Tenant – offer accepted – terms performed by tenant – Landlords purporting to refuse approval after time expired – condition of approval not a condition precedent to the formation of a contract but a condition precedent to performance – agreement unconditional upon expiration of time for communication of approval

To read more, please click here.

Ierardi v Morrison (Retail Tenancies) [2013] VCAT 1742  

Retail Lease – option for further term – whether exercised – whether tenant estopped from denying existence of further term or of new lease – overholding – increases in rental – how made and when effective – re-entry when no arrears unlawful

To read more, 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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