Most Read Contributor in Australia, September 2016
In the media – Queensland
Brisbane apartment building slowdown 'too late'
to stop price falls
Brisbane developers are winding back plans for new apartments, but
some property experts argue there is already a glut and prices must
fall (28 August 2016).
First North Queensland Regional Plan to supercharge
The first regional plan for North Queensland will become a reality
after all five councils agreed to start work on the blueprint that
will supercharge future development across the region (24 August
Opposition accuses Brisbane City Council of becoming
The Brisbane City Council is accused of a conflict of interest over
a property development at Toowong in Brisbane's inner west (17
In practice and courts
Announcements, Draft Policies and Plans released
Thompson v Geminder Holdings Pty Ltd  VSC
CONTRACT – Tenant of property when landlord in financial
difficulty – Whether tenant agreed to purchase property and
grant an option back – Whether contract existed before
written agreement - Implied terms – Good faith –
Co-operation – Whether contract required writing –
Whether part performance – Mortgagee taking possession of the
property – Whether loss of opportunity to exercise option
ESTOPPEL – Equitable and promissory estoppel –
Representation – Reliance – Detriment – Equitable
TORT – Trespass, conversion and detinue – Whether
curtains, carpets and chandeliers chattels or fixtures –
Whether plaintiff had right to possession of the items –
Ownership of the items – Pleadings – Appropriate
Oostemeyer v Powell & Ors  VSC
REAL PROPERTY – Restrictive covenant – Application for
modification – Covenant restricting, amongst other things,
the erection of more than one dwelling on the land – Proposed
development involving subdivision and construction of a second
dwelling on the land – Whether precedent already set by
previous developments - Whether modification will not substantially
injure the persons entitled to the benefit – Application
refused – Applicable legal principles – Property
Law Act 1958 (Vic), s 84(1)(c).
Cases – Queensland
Bluewater Marina Village Pty Ltd & Anor v Harbour Tropics Pty
Ltd (No 2)  QSC 192
REAL PROPERTY – EASEMENTS GENERALLY – DEFINITIONS AND
CONSTRUCTION – where the court determined the construction of
the easement terms – where the parties were invited to agree
on the terms of a declaration that reflected the construction of
the easement in respect of the use of the car park on the servient
tenement – where the parties could not agree as to what
period of time would be reasonable as the yardstick for the use of
a car park space under the easement before the use would
effectively change from parking to storage.
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