VCAT makes important decision on balance between urban development and resource extraction in growth areas

Gadens recently acted for Austral Bricks in its successful application at the Victorian Civil and Administrative Tribunal (the Tribunal) for review of a refusal by the Mitchell Shire Council of its planning permit application for approval to extract red plastic clay from a 160 hectare property in Wallan East (the Wallan Quarry). On 2 October […]

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Leasing Insider | NB2 Pty Ltd v P.T. Ltd [2018] NSWCA 10

Jurisdiction: New South Wales Date delivered: 14 February 2018 Property type: Retail Facts In 2004, NB2 Pty Ltd (Tenant) purchased an independent fresh fruit and vegetable business operating from a premises in the Fresh Food Precinct at Westfield’s Miranda Shopping Centre (Centre). The Tenant was one of three operators selling fresh fruit and vegetables in the Centre, the […]

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Unauthorised discharges and inadequate storage prove costly for environmental authority holders

Under the Environmental Protection Act 1994, operators of prescribed activities are required to hold environmental authorities (EA) and substantial penalties apply to a breach of an EA. As demonstrated by the following cases, the Department of Environment and Science (Department) will prosecute non-compliance and EA holders can incur significant financial costs for the failure to […]

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Landowners win appeal against rating categorisation

Local governments in Queensland have a broad discretion to impose rates on land which are a major source of funding for local government. However, landowners have the right to challenge the rating categorisation applied to their land. In BWP Management Limited v Ipswich City Council; W & V Nominees Pty Ltd as Tte for the […]

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Dealing with the sale of contaminated land in Queensland – the importance of giving correct notice

The case of FKP Commercial Developments Pty Ltd v Albion Mill FCP Pty & Anor [2017] QSC 322 highlights the importance of ensuring the appropriate notice under section 408 of the Environmental Protection Act 1994 (Qld) (EPA) is given when disposing of land in Queensland which is contaminated. In May 2015, FKP Commercial Developments Pty […]

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Solar farm prevails over good quality agricultural land

In Mirani Solar Farm Pty Ltd v Mackay Regional Council & Anor [2018] QPEC 38, the Planning and Environment Court was required to determine whether a large scale solar farm development should be approved on land comprising Good Quality Agricultural Land (GQAL). The proposed solar farm was intended to be for a ‘limited’ period of […]

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NB2 Pty Ltd v P.T. Ltd [2018] NSWCA 10

Jurisdiction: New South Wales Date delivered: 14 February 2018 Property type: Retail Facts In 2004, NB2 Pty Ltd (Tenant) purchased an independent fresh fruit and vegetable business operating from a premises in the Fresh Food Precinct at Westfield’s Miranda Shopping Centre (Centre). The Tenant was one of three operators selling fresh fruit and vegetables in the Centre, the […]

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Property Insider | AVC Operations Pty Ltd v Teley Pty Ltd (Building and Property) – [2018] VCAT 931

Jurisdiction: Victoria Date delivered: 10 August 2018 Property type: Retail Facts AVC Operations Pty Ltd (Tenant) entered into an asset sale agreement with Wheatland Hotels Toorak Pty Ltd (Assignee) for the sale of the “Bush Inn” business operated from a premises on Malvern Road, Toorak. The Tenant sought the consent of Teley Pty Ltd (Landlord) to assign the […]

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Property Insider | Sze Tu v Jam Studios Pty Ltd; Jam Studios Pty Ltd v Sze Tu [2018] NSWSC 868 (12 June 2018)

Jurisdiction: New South Wales Date delivered: 12 June 2018 Property type: Retail Facts Margaret Sze Tu, Shiu How Sze Tu, Shiu Shing Sze Tu, Helen Sze Tu (“Plaintiffs”) were the registered proprietors and owners of premises known as Shop 5, 42-44 Queen Street, Campbelltown (“Premises”). The dispute between the parties related to an alleged lease to one of […]

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Property Insider | Versus (Aust) Pty Ltd v A.N.H. Nominees Pty Ltd [2017] VCAT 859

Jurisdiction: South Australia Date delivered: 11 May 2018 Property type: Retail Facts Versus (Aus) Pty Ltd (Tenant) leased retail premises located in Church Street, Brighton (Premises) from A.N.H. Nominees Pty Ltd (Landlord). The Tenant operated a lingerie business from the Premises from June 2006 until the Tenant vacated in May 2011. The Premises was affected by water and […]

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Property Insider | PG Kazis Nominees P/L v Bakers II P/L & ORS [2018] SADC 48

Jurisdiction: South Australia Date delivered: 11 May 2018 Property type: Retail Facts PG Kazis Nominees Pty Ltd (landlord) entered into a retail lease with Bakers II Pty Ltd (tenant). The term of the lease was for 5 years commencing on 1 March 2003 with options for two further terms of five years each. The tenant exercised the first […]

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Property Insider | William Buck (Vic) Pty Ltd v Motta Holdings Pty Ltd (Building and Property) [2018] VCAT 15

Case name: William Buck (Vic) Pty Ltd v Motta Holdings Pty Ltd (Building and Property) [2018] VCAT 15  Jurisdiction: Victoria Date delivered: 16 January 2018 Property type: Retail Facts William Buck Pty Ltd (Tenant) entered into a lease with Motta Holdings Pty Ltd (Landlord) which required the tenant to pay land tax in respect of the […]

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