26-8-21 / Michael May — Land Law & Property, Arbitration
In this proceeding, the landlord of a Centrelink building in Berserker, Rockhampton sought a declaration that an expert market rent review was invalid because it did not comply with the requirements of the lease. The lease required the valuer to take into account market rents โof comparable premises in the…
27-5-21 / Damian Clothier KC — Land Law & Property
The Applicant managed Hail Creek Mine, and the Respondent owned a mining camp adjacent to the Hail Creek Mine. The parties could not agree on the compensation the Applicant should pay the Respondent for a mining lease over the camp land. The Land Court intervened to determine the amount of…
19-4-21 / Damian Clothier KC, Stewart Webster — Contract, Land Law & Property
In a proceeding for declarations of constructive trust over property forming part of a deceased estate, the executor (the defendant) applied for and obtained orders for the removal of a caveat over an estate property to allow the property to be sold and the proceeds used to pay expenses including…
12-2-21 / David Chesterman KC — Appellate, Contract, Land Law & Property
The applicants were the owners and managers of Gold Tip (News) Pty Ltd, a newsagency at the Mt Ommaney shopping centre leased from the respondent. Gold Tip operated the news agency until it was placed into liquidation. During the initial lease, the respondent undertook significant renovations and expansion of the…
12-2-21 / Bianca Kabel — Land Law & Property
This was an appeal considering whether the primary judge erred in finding that the respondent โ in setting differential general rating categories 2T and 3T โ had not characterised land based upon the personal characteristics of a person who may occupy the land. It was argued that the sole difference…
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