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Australian Property Law Bulletin (newsletter)
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2018
Volume 33 No 7 — August 2018
1110 Hay Pty Ltd as trustee for Hay Street Trust v Metso Minerals (Australia) Ltd (No 3)
Refusal of lessor approval required by lessee during term of lease
Agtan Pty Ltd v Caltex Australia Petroleum Pty Ltd
Good husbandry under spotlight in the vineyard: interpretation of obligations in vineyard leases
An “outstanding contribution”: Body Corporate for Mount Saint John Industrial Park Community Title Scheme 18632 v Superior Stairs and Joinery Pty Ltd
Volume 33 No 6 — July 2018
Novation by conduct — good fortune for Park Cho: Fu Tian Fortune Pty Ltd v Park Cho Pty Ltd
A reasonable approach to consent: how relevant is the lease?
The juice was not worth the squeeze: non-disclosure during lease negotiation falls short of misleading and deceptive conduct
Hillam v JPSF Pty Ltd
Edge Development Group Pty Ltd v Jack Road Investments Pty Ltd
Volume 33 No 5 — June 2018
A good call on a good call — a pragmatic approach to exercising a call option: Hills Central Pty Ltd v Hagerty
A tale of two cities: attempts to regulate Airbnb occupants in strata schemes in Sydney and Melbourne
No compliance? No commission! — Advisory Services Pty Ltd (t/as Ray White St Albans) v Augustin (by her litigation guardian Baczyk)
Burns v Corbett: are tribunals courts? — the relevance of history in judicial interpretation
Nice Place Property Management Ltd v Paterson
Volume 33 No 4 — May 2018
Effect of consolidation of lots on existing easements: Plumpton Park Developments Pty Ltd v SAS Trustee Corp
Hyder v McGrath Sales Pty Ltd
Validity of easement for parking purposes unsuccessfully challenged
Huang v Ceylan
The importance of precision in contract drafting
Volume 33 No 3 — April 2018
Owners Strata Plan No 57164 v Yau
Pike v Tighe: do development conditions run with the land and bind subsequent owners?
Incorrect planning certificates: it’s a Highland to cross to prove council negligence
Volume 33 No 2 — March 2018
Yang v Hapisun Pty Ltd
Airbnb’s under fire in Estens v Owners Corporation SP 11825
Perpetual Ltd v Myer Pty Ltd
Anascot Pty Ltd v Alcoa of Australia Ltd
Volume 33 No 1 — February 2018
Disclosing land on the Contaminated Land Register or the Environmental Management Register in Queensland: is uploading a search result in a data room sufficient?
Upside Property Group Pty Ltd v Tekin
New withholding obligation for buyers of “new residential” property
Resolving GST ambiguity: A & A Property Developers Pty Ltd v MCCA Asset Management Ltd
2017
Volume 32 No 10 — December 2017
Heads of agreement — binding or otherwise?
Rixon v Horseshoe Pastoral Co Pty Ltd — equitable easement as an exception to indefeasibility
Damages for a downpour: McElwaine v Owners – Strata Plan 75975
Rescission and re-entry into a contract for the sale of land: void for illegality by virtue of stamp duty legislation?
Volume 32 No 9 — November 2017
Caltex Australia Petroleum Pty Ltd v Agtan Pty Ltd
Damages for loss of a commercial opportunity
Brannigan v Smith
Park and sail: construction of an easement for use of third-party facilities in connection with the use of marina berths
ACN 151 368 124 v Pro-Pac Packaging (Aust) Pty Ltd
Volume 32 No 8 — October 2017
South Australian retail lease legislation review
Settlement notice or priority notice — what’s in a name?
MSD Securities Pty Ltd v MFB Properties (NQ) Pty Ltd (No 2)
Taste of Tuscany Restaurant Pty Ltd v Papantoniou — the risk of taking a risk
Aboriginal objects under the National Parks and Wildlife Act 1974 (NSW) — is their presence on land a defect in title?
Volume 32 No 7 — September 2017
Woolworths Ltd v About Life Pty Ltd
Be careful what information you pass on during negotiations — you may not be able to rely on a disclaimer
Diakou Nominees Pty Ltd v Gouger Street Pty Ltd — the principle (or lack) of legal certainty
When an agreement is no agreement at all: Nurisvan Investment Ltd v Anyoption Holdings Ltd
Rushcutters Bay Developments Pty Ltd v Dragon Asset Investment Pty Ltd (No 2)
Volume 32 No 6 — August 2017
IMCC Group (Australia) Pty Ltd v CB Cold Storage Pty Ltd
Gap in contract terms not remedied by duty to cooperate — Simcevski v Dixon
Masonic Homes Ltd v Oppedisano and Platinum Property Retirement Pty Ltd: contract uncertainty and limits to the role of the surveyor
Best endeavours obligations in an off-the-plan contract of sale according to Hera Project Pty Ltd v Bisognin (No 3)
Do different time considerations apply to the payment of deposits by cheque versus electronic transfer?
Volume 32 No 5 — June 2017
Ecosse Property Holdings Pty Ltd v Gee Dee Nominees Pty Ltd and Pallas Bride and Fashion Pty Ltd v Evans
Extinguishment of easements pursuant to s 89 of the Conveyancing Act 1919 (NSW): Denshire v Newcastle City Council
Back to the future — recovery of land tax by lessors barred (again) in Queensland
Do registered mortgagees need a vesting order to sell disclaimed property? — to escheat or not to escheat
Volume 32 No 4 — May 2017
United Petroleum v Bonnie View Petroleum Pty Ltd (In Liq) — assessment of damage and loss not limited by failure to perform bargain of contract
Tax update for property buyers
Ryde Developments Pty Ltd v The Property Investors Alliance Pty Ltd (No 4)
Statutory notice to remedy breach of covenant held invalid
Volume 32 No 3 — April 2017
An (estate) agent by any other name — Lo v Russell and amendments to s 31 of the Sale of Land Act 1962 (Vic)
Chamberlain Early Learning Centre Pty Ltd v Precious 1 Pty Ltd as trustee for 4 Chamberlain Holdings Family Trust
Hit the road Jack, there’s no contract!
Implied obligations and the importance of clear drafting — White v Quest Rosehill Pty Ltd
Apartment sales “off the plan”
Volume 32 No 2 — March 2017
Damages for lessor’s breach of repair covenant
Power Rental Op Co Australia, LLC v Forge Group Power Pty Ltd (in liq) (recs and mgrs apptd)
Western Australian Planning Commission v Southregal Pty Ltd; Western Australian Planning Commission v Leith
Newspaper wars: REA Group Ltd v Fairfax Media Ltd
Volume 32 No 1 — February 2017
Upside Property Group Pty Ltd v Tekin
Tighe v Pike — is a development condition binding on a subsequent owner?
Options, ambiguity and standard form contracts: JLF Corp Pty Ltd v Matos
Recent changes to retirement village legislation in South Australia
Laldy Pty Ltd v Archer — the extent of the tenant’s claim for compensation in the event of a (proposed) demolition of retail premises
Bisognin v Hera Project Pty Ltd
Bound to be sold — a cautionary tale of pre-contract agreements: Verrocchi v Messinis
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