Property & Leasing Disputes

Our relevant and notable experience includes:

• Acted for national property group in Supreme Court proceedings alleging misleading and deceptive conduct in the sale of lots in a commercial estate development and the sale of retail shop units in a shopping centre
• Acted for a financier in  Supreme Court proceedings relating to a large apartment development, enforcement as mortgagee in possession, and priority disputes between competing financiers
• Acted for a prospective tenant in Supreme Court proceedings against a landlord and competing prospective tenant, in a dispute concerning equitable priorities between competing agreements to lease, and damages for repudiation by the landlord
• Acted for large national property developer in disputes concerning sale contracts to purchasers
• Acted in Supreme Court family dispute involving termination of a joint tenancy and disputed claims of a beneficial interest in the parents’ property
• Advised a property owner in relation to adverse possession of a local government laneway that had been converted to a gazetted road, and advised property owners in relation to high-value adverse possession disputes concerning boundary fences and building overhangs
• Acted for the vendor in a dispute concerning the sale of a high-end property where the purchaser claimed misrepresentations had been made by the selling agent
• Acted for the landlord in a Supreme Court application by an evicted tenant for relief against forfeiture and claims the lease had not been validly terminated
• Acted for a large private property investor in multiple court proceedings concerning tenants in a retail shopping centre and other commercial properties
• Acted for the plaintiff in Supreme Court proceedings alleging derogation from grant and breach of a right of first refusal to purchase a large parcel of englobo land suitable for residential development, including issues concerning interpretation of the agreement, proprietary estoppel, and the date of assessment of damages
• Acted for successful co-owner in Supreme Court proceedings seeking partition for sale of land under section 126 Property Law Act 1969
• Acted for a large national company lessor in a leasing dispute involving franchisor and franchisee, with claims of misleading and deceptive conduct made under section 18 of the Australian Consumer Law and section 16C of the Retail Shops Act