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www.carternewell.comProperty and Real Estate Gazette
Contents
Compulsory acquisition of
land
Inglis & Ors v State of Queensland (No 2)
[2015]
QLAC 3
In this decision the Land Appeal Court of Queensland
decision examines principles regarding valuation of
compulsorily acquired land.
Damages
Schultz v McCormack
[2015] NSWCA 330
Duties owed by a property owner to entrants to a property
examined by the New South Wales Court of Appeal.
Wright v KB Nut Holdings Pty Ltd
[2013] QCA 66
The Queensland Court of Appeal has awarded a plaintiff
damages after she sustained an injury while cleaning a
property.
Johnson & Anor v Hancock
[2014] QCA 130
The Queensland Court of Appeal affirms an occupier’s
positive duty to warn entrants of potential hazards.
Guarantee
Schultz v Bank of Queensland Ltd
[2015] QCA
208
This Queensland Court of Appeal decision serves as
a timely reminder to financial institutions to ensure any
advice provided regarding a guarantee is accurate
and borrowers are well informed of the potential
consequences.
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Property update
Bradshaw v Griffiths
[2016] QCA 20
The Queensland Court of Appeal has partially granted
an appeal in respect of the Supreme Court’s decision to
grant two statutory easements over a rural property for
the benefit and use of the adjoining landholder.
Stigmatised Properties
This article examines rules regarding the disclosure
obligations in relation to a stigma attaching to a property.
Put and Call options
Haixing Group Pty Ltd v Mary Ann Chan
[2015]
NSWSC 1637
The New South Wales Supreme Court has provided a
timely reminder of the importance of strictly adhering to
the specific terms and express requirements of a call
option in respect of the purchase of land.
Sale and purchase contracts
Orchid Avenue Pty Ltd v Goode
[2014] QDC 217
Failure to complete off the plan contract for penthouse
apartment on the Gold Coast.
Juniper Property Holdings No 15 P/L v
Caltabiano (No 2)
[2016] QSC 5
This decision provides a valuable illustration as to the
potential dangers in buying off the plan property, in
circumstances of deteriorating market and financial
conditions between the contract date and the eventual
construction of the property and settlement.