Brisbane developers Core Property Partners and Vector Property Australia has teamed up for Brisbane's newest apartment development.

The duo identified <a href="https://www.apartments.com.au/developments/east-brisbane-qld-4169">East Brisbane</a> as their preferred suburb, on the fringe of the Gabba Precinct, where they've just revealed BANKSII, 72 apartments opposite Raymond Park.

[smartcode_project:default project_id=136432 project_image_fid=5481]

The one-, two-, and three-bedroom apartments will sit in a glass-wrapped building that will also feature a rooftop with an&nbsp;infinity-edge pool, a BBQ area and alfresco dining spaces, sun lounges, and a sauna, as well as a resident-only gym and a ground-floor cafe.

Rhett Williams, Director of Vector Property Australia, said the project will lift the quality of the East Brisbane community and set a new benchmark.

"In Brisbane’s current property landscape, <a href="https://www.apartments.com.au/new-apartments/banksii-east-brisbane-169-wellington-road-east-brisbane-qld-4169">BANKSII</a> stands out through its emphasis on lifestyle-oriented living, connectivity and sophisticated design," Williams says.

[smartcode_project:default project_id=136432 project_image_fid=5479]

The 10-level building has been designed by MAS Architecture. Their designs were inspired by the native Banksia flower, with the architecture and interiors reflecting the organic symmetry of its namesake flora. MAS has interpreted this throughout the building’s curved form, façade detailing and interior palette.&nbsp;

The building’s flowing geometry and natural tones are complemented by large balconies and floor-to-ceiling glazing, maximising cross-breezes, daylight and views over the city, parklands and river.

“Having a strong narrative for a building helps us architecturally,” MAS noted. "We can choose colours that come off that species of flowers. The trunk and the trees and the flower elements all are now visible in our joinery on the inside and in our architectural finishes on the outside."

[smartcode_project:default project_id=136432 project_image_fid=5485]

Apartments will feature timber floors, soft porcelain tiles, brushed bronze fittings, and stone benchtops with warm veining.&nbsp;

Kitchens feature premium SMEG appliances and generous storage, while bathrooms have been designed as calming retreats with curved cabinetry and twin sinks in the master ensuites.

The building will feature a suite of rooftop and wellness amenities. Residents will have access to an infinity-edge pool, BBQ and alfresco dining areas, sun lounges and a rooftop sauna.&nbsp;

A residents-only gym will be located on the podium level, while a ground-floor café and landscaped laneway will further activate the site and improve neighbourhood connectivity.

[smartcode_project:default project_id=136432 project_image_fid=5488]

BANKSII will rise from a prime Wellington Road site, with the building oriented to overlook the adjacent Raymond Park and take in extensive city views. It is also on the doorstep of key&nbsp;lifestyle infrastructure, including the future Kangaroo Point Green Bridge, The Gabba stadium, and the planned Brisbane Live arena.&nbsp;

Public transport options, including ferry, bus and rail - including the future Cross River Rail Woolloongabba station - are all nearby, supporting a car-optional lifestyle just minutes from the CBD.

Williams said the team spent over a year searching for the ideal site before securing this location.

"We were attracted to <a href="https://www.apartments.com.au/developments/east-brisbane-qld-4169">East Brisbane</a> as it is a vibrant and growing community that offers a perfect balance of urban convenience and natural beauty with the parklands and river on our doorstep.”

The project is part of the broader Woolloongabba Games precinct, which is undergoing significant investment in the lead-up to the 2032 Brisbane Olympics. This urban renewal, coupled with infrastructure upgrades, is expected to enhance long-term liveability and capital growth in the area.

Given the wide max of configurations, BANKSII is expected to suit everyone from first home buyers and investors to families and downsizers.

[smartcode_project_cta:default project_id=136432]

Joel Robinson

BANKSII sales launch in booming East Brisbane apartment market

Sydney developer Deicorp is set to officially open its <a href="https://www.apartments.com.au/new-apartments/hills-showground-village-castle-hill-2-mandala-parade-castle-hill-nsw-2154">Showground Village</a> precinct in Castle Hill.

NSW Premier Chris Minns will attend the opening on Sunday August 31, alongside&nbsp;Minister for Planning and Public Spaces Paul Scully, The Hills Shire Council Mayor Dr Michelle Byrne, Landcom CEO Alex Wendler, and Deicorp Founder Fouad Deiri.

There will be a ribbon-cutting ceremony before a tour of the newly opened retail precinct.&nbsp;

&nbsp;

Located just moments from Hills Showground Metro Station, the centre spans 9,500 sqm across four levels and features 26 specialty retailers as well as a 1,400 sqm public plaza, creating a new community meeting point for shopping, dining, fitness, and everyday convenience.&nbsp;

The grand opening will be celebrated with a family fun day, featuring free entertainment, children’s activities, and a Skill Tester Machine with guaranteed prizes ranging from Woolworths gift cards to a $5,000 Flight Centre voucher.&nbsp;

Showground Village forms part of the Hills Showground Station Precinct, an urban renewal initiative led by Landcom and Sydney Metro that will provide for around 2,300 new jobs over the next 20 years and around 9,000 new homes.&nbsp;

Deicorp was recently approved for another new development next door to Showground Village.

The new five residential buildings in the East Showgrounds Precinct, will see another 873 dwellings delivered, as well as&nbsp;3,500 sqm of open public space in the form of landscaped courtyards, a public park and communal outdoor recreational space including a playground, barbeque area, and outdoor seating.

“This approval will allow us to start construction on a range of beautifully designed, conveniently located apartments and create another vibrant, walkable and well-connected community,” said&nbsp;<a href="https://www.apartments.com.au/developers/deicorp" target="">Deicorp</a>&nbsp;Founder Fouad Deiri.

“These new homes will provide their residents with a seamless connection to jobs and services along Metro North West, and the new&nbsp;<a href="https://www.apartments.com.au/new-apartments/hills-showground-village-castle-hill-2-mandala-parade-castle-hill" target="">Hills Showground Village</a>&nbsp;retail precinct currently under construction."

Deicorp has several thousand apartments in planning and under construction across Sydney, from Zetland and Five Dock to Crows Nest and Macquarie Park.

[smartcode_project_cta:default project_id=133881]

Deicorp, NSW Premier to officially open Showground Village, Castle Hill’s new retail and hospitality hub

The Minns Labor Government will deliver Sydney’s first new heavy rail station in more than a decade – enabling up to 10,000 new homes by rezoning land around Woollahra and Edgecliff stations, right next to the CBD, to tackle the housing crisis and rebalance growth across the city.

Recent reports by the NSW Productivity Commission have warned that Sydney is losing twice as many young people as it is gaining, while also finding that Woollahra is the most feasible Local Government Area (LGA) in New South Wales to build new housing.

Despite this, housing approvals in Woollahra consistently lag well behind other LGAs, and the population has declined by 11 per cent over the past 50 years while Greater Sydney as a whole has grown by 74 per cent.

The new station that will be an eight-minute trip from Sydney CBD, will be located on the Eastern Suburbs train line in Woollahra, where a station build was started in the 1970s but never completed.

To enable the delivery of new homes the NSW Government will lead a rezoning of Woollahra and Edgecliff stations similar to other state led rezonings to allow additional homes to be built around the stations.

Affordable housing will also make up a proportion of development on the site with the final amount of affordable housing required, to be determined as part of the rezoning process.

The area surrounding the new station is within walking distance of major green and recreational space including Cooper, Trumper, Rushcutters Bay and Centennial Parks.

The Eastern Suburbs train line between Bondi Junction and Sydney CBD also has the lowest passenger usage rates during the AM peak of any line on the Sydney network, with only 43 per cent of operating capacity during the AM peak currently being utilised by passengers.

Sydney Water and Infrastructure NSW have confirmed there is capacity in the water and wastewater systems to accommodate the proposed 10,000 dwellings without major upgrades.

The rezoning is expected to take around two years and will further support the Government’s housing targets that rebalance the delivery of new homes around existing infrastructure.

&nbsp;

&nbsp;

Next stop Woollahra train station - delivering up to 10,000 new homes in the heart of Sydney

<section data-element_type="section" data-id="b086848">
Fresh off completing its mixed-use Malvern project Malvern Collective, Kokoda Property Group has acquired a prime site on Richmond's Bridge Road.

They are planning a mid-rise residential development with&nbsp;integrated wellness amenities and a vibrant ground-floor retail and dining offering.

The site, at&nbsp;487–495 Bridge Road, spans&nbsp;1,650 sqm with 50 metres of dual frontage across Bridge Road and Palmer Street. It is currently leased to Adairs, and has a large retail building and 20 onsite car parks.
</section>

<section data-element_type="section" data-id="534a164">
Kokoda Property Group’s acquisition forms part of a broader phase of growth in Melbourne, building on momentum from the completion of Malvern Collective and the recent purchase of a Burnley Street site for the developer’s first commercial project.&nbsp;

Mark Stevens, Kokoda Property Group’s Founder and Managing Director, said that the company’s Bridge Road site acquisition signals confidence in a city that is re-accelerating.

“Melbourne is regaining momentum,"&nbsp;Stevens said.

"After a cautious period post-COVID, we’re seeing buyer sentiment stabilise and capital leaning back into well-located, quality projects. Victoria now benefits from deep builder capacity and competitive delivery pricing, creating a rare opportunity to bring design-led inner-city developments to market without compromising on craftsmanship.

“Richmond ticks all the boxes for us – connectivity, culture and everyday amenity – making Bridge Road the perfect address for an amenity-rich, multi-use development."

Envisioned as an “urban lantern” the building will bring a distinctive new presence to Bridge Road with a sculptural retail frontage, designed to honour the street’s heritage character while contributing to its renewal.

Stevens said the acquisition reflects the developer’s commitment to design-led addresses in Melbourne’s inner city.

“Drawing on Richmond’s rich heritage and dynamic character, we’ve envisioned a contemporary building that respects the past while elevating the way people live today. With dual frontages, curated ground-floor spaces, and a focus on wellness, this project will contribute to the neighbourhood’s evolution, appealing to both downsizers and a new generation of professionals.”

Kokoda Property will now progress concept design ahead of a future planning process.
</section>

Mark Stevens, Kokoda Property Group’s Founder and Managing Director, said that the company’s Bridge Road site acquisition signals confidence in a city that is re-accelerating

First look: Kokoda secures Richmond site for new apartment development

Gold Coast developer Drew Group is fast approaching sell-out at its Main Beach apartment development, Lagoon Main Beach.

In the last nine months, Drew Group and sales partner Pezet Matheson have secured 31 sales totalling over $75 million, as the two-tower development advances towards completion under the expert eye of Hutchinson Builders.

“Today's buyers are more discerning than ever," Drew Group Managing Director Jon Drew says.

"It's essential to provide something truly unique that sets a development apart, and we believe Lagoon has achieved just that."

[smartcode_project:default project_id=108747 project_image_fid=193023]

Just over 50 per cent of recent&nbsp;sales have been to local buyers, reflecting the deep trust and connection within the Gold Coast community that Drew Group has developed over the years.

Demand has been particularly robust at the top end, with two of the three exclusive penthouses already sold, alongside five sub-penthouses. Only seven apartments remain in Lagoon's Signature Series — one&nbsp;penthouse and six sub-penthouses.

[smartcode_project:default project_id=108747 project_image_fid=284864]

Drew Group has also removed the much-maligned sunset clause from all contracts at Lagoon. The sunset clause — although rarely invoked, yet on occasion known to have been — allows developers to take back contracts on apartments should the building not be completed within the timeframe specified in the contract.

Pezet Matheson Co-Director Jayde Pezet says the fact Lagoon is&nbsp;within a year of completion, and has no sunset clause in contracts, provides certainty to buyers.

"This is paramount in the current market," Pezet says.

Drew Group has committed to providing the highest level of security inclusions — none more impressive than the Ubiquity Access Control System, a cutting-edge facial recognition technology that is one of the most state-of-the-art keyless entry systems on the market.

[smartcode_project:default project_id=108747 project_image_fid=190743]

One of the biggest drawcards to Lagoon has been the size of the apartments.

"It is unlikely that any future new development in Main Beach will be able to offer such spacious living at this price point," Drew says.

"Today's buyers are more discerning than ever, carefully evaluating amenities like gyms, spas, workspaces, and beach lockers, along with quality finishes. It's essential to provide something truly unique that sets a development apart, and we believe Lagoon has achieved just that."

Lagoon is set to complete construction in mid-2026.

[smartcode_project_cta:default project_id=108747]

Lagoon Main Beach approaches sell-out as local buyers drive $75m in sales

Collaroy

<html><body>
Australia's most awarded choreographer David Atkins has secured $7,265,000 for his luxury Collaroy abode.
Atkins, who was involved in arena entertainment connected to the 2000 Sydney Olympics, had paid $5.05 million for the chic designer residence just off the beach in 2016.
Belle agents Brendan Pomponio and Joshua Perry, who are marketing the nearby home of committed Collaroy basin devotees Matty and Trish Johns, secured the Atkins sale, having listed it in April.
The local hot shoe shuffle within the basin has also seen the recent $7.1 million sale of the home of the Housego family.
The Johns are seeking $5.5 million.
This article was first published in the Sunday Telegraph. 
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firstname1-iYD4UYzvBa

Choreographer David Atkins sells Collaroy home

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League legend Matty Johns and his wife Trish have listed their Collaroy home they purchased 12 years ago.
The couple, have loudly ­expressed their love of living on the northern beaches, since taking the advice of his former teammate Phil Bailey.
<img src="https://res.cloudinary.com/dz9xllyip/image/fetch/c_scale,w_580,q_auto:good/https://s3-ap-southeast-2.amazonaws.com/po.images/2019/10/31/collaroy%202%201.jpg" alt="">
The four bedroom, three bathroom French Provincial inspired home stems from a renovation and extension in 2013.
It has been listed by Brendan Pomponio from Belle Property.
There have been sales up to $15.5 million in the exclusive Collaroy basin.
<img src="https://res.cloudinary.com/dz9xllyip/image/fetch/c_scale,w_580,q_auto:good/https://s3-ap-southeast-2.amazonaws.com/po.images/2019/10/31/collaroy%203%201.jpg" alt="">
The former Test five-eighth once indicated he loved the relaxed lifestyle and the friendly people in the neighbourhood.
“When I was living in Newcastle anyone from the Northern Beaches were silvertails,’’ the Fox Sports presenter once said.
“But Collaroy is a blue-collar area. Every second bloke you run into is a tradesman.
“Coming from an old mining town like Cessnock, it might sound a bit funny but I regard ­myself as a coastal person now.’’
They are seeking $5.5 million.
This article first appeared in The Sunday Telegraph. 
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j.ballantyne1990-6AQqhLzZaK

Matty Johns and wife Trish list Collaroy home

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Lorn, the 1920's California bungalow at the southern end of Collaroy Beach, has been sold for $10 million.
It was sold by the Hong Kong-based expat Amanda Spiegel.
A consortium of six local residents bought the house at 9-11 Birdwood Avenue at auction with the view to keeping it as a landmark home. There was overseas interest from Singapore and India.
It was offered by Michael King and Noel Nicholson from Ray White Prestige Palm Beach. The five-bedroom property last traded for $605,000 in 1986.
The 1,472 sqm site at <a href="https://www.realestate.com.au/sold/property-house-nsw-collaroy-131128938" target="_blank">9-11 Birdwood Avenue, Collaroy i</a>s zoned for low-density residential development.
The north-facing parcel with street frontage of over 36 metres, is directly across from the sand, surf and rockpool.
<img src="https://res.cloudinary.com/dz9xllyip/image/fetch/c_scale,w_580,q_auto:good/https://s3-ap-southeast-2.amazonaws.com/po.images/2019/6/11/LORN%201.jpg" alt="">
Originally built as one of the northern beaches earliest holiday homes, Lorn comprises 5 bedrooms, kitchen, lounge room, dining room, sunroom, covered terrace and double garage. 
Its beachfront elevated setting offers beach, ocean and headland views. 
 <img src="https://res.cloudinary.com/dz9xllyip/image/fetch/c_scale,w_580,q_auto:good/https://s3-ap-southeast-2.amazonaws.com/po.images/2019/6/11/lorn%204.jpg" alt="">
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Lorn, Collaroy holiday home sells for $10 million

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It's hard to keep an off-market trophy home listing a secret for very long on Sydney’s ­insular peninsula.
Word spread quickly last week across the northern beaches that Australia’s most awarded choreographer and producer David Atkins was quietly seeking buyers for his luxury Collaroy abode.
The offering was texted to the burgeoning Belle Property buyers’ mobile phone list.
<img src="https://res.cloudinary.com/dz9xllyip/image/fetch/c_scale,w_580,q_auto:good/https://s3-ap-southeast-2.amazonaws.com/po.images/2019/4/16/ATKINS2.jpg" alt="">
Coming with the same facade photo as its 2016 purchase, it was easily identifiable as the Collaroy home that Atkins bought after his move from Manly, where he successfully flipped a $6.4 million home.
Atkins, who was involved in entertainment events connected to the 2000 Sydney Olympics, paid $5.05 million for the Collaroy home, a chic designer residence just off the beach.
It was bought from Sean Nicholls, a marketing veteran, and his interior designer wife Dita, who recently sold their next abode, just a few doors along, for $5.1 million.
Belle Property agents Brendan Pomponio and Joshua Perry, who are handling the home’s marketing, were busy yesterday afternoon taking through the keenest of prospective $7 million-plus buyers.
<img src="https://res.cloudinary.com/dz9xllyip/image/fetch/c_scale,w_580,q_auto:good/https://s3-ap-southeast-2.amazonaws.com/po.images/2019/4/16/ATKINS3.jpg" alt="">
Fresh pictures of the further renovated home are set to be published in the Manly Daily later this month.
Atkins, who married his wife Elli at Jonah’s Whale Beach in 2015, is best known for his made-in-Australia musical Hot Shoe Shuffle, an exuberant tribute to tap dancing.
The diminutive dancer has starred in 20 or so major musicals from Cats to A Chorus Line, and has worked with a who’s who of international performers including Elton John, Frank Sinatra, Olivia Newton-John and Peter Allen.
This article was first published in the Sunday Telegraph. 
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Choreographer David Atkins stepping on from Collaroy home

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Cricket power couple Mitchell and Alyssa Starc continue to expand their impressive property portfolio.
They have spent $1.95 million on a <a href="https://www.realestate.com.au/sold/property-house-nsw-collaroy+plateau-129137226" target="_blank">near-new Collaroy Plateau entertainer</a>.
The four-bedroom, three-bathroom home sold through Ray White agent Paul Franks.
It was built in 2017 with a gourmet stone kitchen, plus an upstairs and downstairs living area and a home office.
A wraparound timber deck with built-in barbecue leads to the pool.
<img src="https://res.cloudinary.com/dz9xllyip/image/fetch/c_scale,w_580,q_auto:good/https://s3-ap-southeast-2.amazonaws.com/po.images/2018/12/17/Starc2.jpg" alt="">
Their northern beaches spendathon began when they paid $5,235,000 for the luxury <a href="/news/mitchell-starc-buys-at-north-curl-curl-from-jennifer-hawkins">North Curl Curl home of model Jen Hawkins</a> and her builder husband Jake Wall.
Designed by architect Koichi Takada, the five-bedroom, three-bathroom home had a resort-style open-plan living space that flowed on to an alfresco dining area with views over the lagoon and ocean to North Head and Manly. A luxurious outdoor ­seating area accompanies the ­infinity pool.
The couple, who <a href="/news/mitchell-starc-gets-an-early-buyer">sold in Mosman</a>, bought a vacant 600sqm <a href="/news/mitchell-starc-and-alyssa-healy-buy-land-parcel">plot of land in Forestville</a> earlier this year with intentions to build a home by Metricon.
Starc and Healy met when they were nine.
The couple wed in 2016.
This article was first published in the Sunday Telegraph.
 
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Mitchell and Alyssa Starc continue Northern Beaches property purchasing

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The everfesent House Rules presenter Johanna Griggs and her builder husband Todd Huggins have quietly sold their modernised Collaroy home.
They found a $3.6 million buyer, a family from Frenchs Forest. It was too good of an offer to refuse, Griggs told me.
Griggs kept tight lipped on the sale until its recent settlement, posting to Instagram her farewell the house.
"Said goodbye to our beautiful home today," she posted alongside a video of the empty home.
"It's been the most wonderful place to live in for the past five years. We hope the new owners are as happy as we were in it."
She advised the couple were already onto their next project. It's in Collaroy again, the fourth house they've owned within a one kilometre radius in the northern beaches suburb.
<img src="https://res.cloudinary.com/dz9xllyip/image/fetch/c_scale,w_580,q_auto:good/https://s3-ap-southeast-2.amazonaws.com/po.images/2018/6/5/griggs2.jpg" alt="">
Their stunning sold home was unrecognisable since Huggins undertook the rebuild through his construction company Collaroy Constructions.
The custom-built contemporary five bedroom entertainer stands on the 750 sqm parcel with district and ocean views.
It was a windfall result by the DIY couple who'd paid $1.15 million in 2011, shortly after Griggs, a former Commonwealth Games swimmer, accepted the Gold Logie for Better Homes and Gardens.
Back then the Collaroy property was a solid three bedroom brick home which hadn't been traded in over 35 years (below).
<img src="https://res.cloudinary.com/dz9xllyip/image/fetch/c_scale,w_580,q_auto:good/https://s3-ap-southeast-2.amazonaws.com/po.images/2018/6/5/griggs4.jpg" alt="">
Griggs, who has been presenting House Rules since 2013, would have seen plenty of economic design tips over the years.
Sunday's House Rules episode saw Channel Seven win the ratings war, with over 880,000 viewers tuning in to the show, the highest this season. It topped the ratings for Ten's Masterchef and Nine's The Voice.
She's been the popular host of Better Homes and Gardens since 2005, having previously hosted Australia's longest-running sports program, Seven's Sportsworld with Matthew White on Sunday mornings.
An earlier TV appearance, like many on the northern beaches, was on Home &amp; Away when she played a Swedish tourist in one episode in 1992. 
The couple's innovative home was built with no expense spared with the finest inclusions, extending to state of the art lighting and bespoke cabinetry.
Designed with a focus on indoor and outdoor living, the home features an open plan living and dining area with gas fireplace and a top floor lounge.
There's a ground level alfresco entertaining area, and a top floor terrace in the master suite, which also includes a walk in wardrobe and ensuite.
A home office and sound proof home theatre make up the home.
A 15 metre swimming pool and a freestanding studio sits in the professionally landscaped gardens, plenty of space for their dogs, Snowy and TJ, to roam.
The couple got married in a private ceremony in their former Collaroy Plateau home in 2006.
This article was first published in the Saturday Daily Telegraph.
 
   
   
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House Rules presenter Joh Griggs sells at Collaroy 

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GUEST OBSERVER
On 11 September 2017, the NSW Court of Appeal entered final orders allowing the appeal of a District Court judgment that had found against a managing agent of a residential property, in favour of its owners and tenant, as to liability to various people injured when the property's balcony collapsed.
The decision confirms that:
<ul>
<li>appointing a managing agent to manage residential rental premises will not necessarily be a defence to a claim for personal injury damages;</li>
<li>an entitlement to a contractual indemnity may be reduced by reason of that party's contributory negligence;</li>
<li>a tenant who is on notice of a risk of harm may be found liable to lawful entrants if there are measures the tenant could have taken to remove the risk; and</li>
<li>section 5B(1) of the Civil Liability Act 2002 (NSW) requires accurate identification of the actual risk of harm faced by a plaintiff.</li>
</ul>
Background
Deepak Bhide and Alka Bhide (the owners) owned residential property at Collaroy, NSW (the property). In 2005, they appointed Libra Collaroy Pty Ltd (the agent) to manage that property pursuant to an Exclusive Management Agency Agreement (Residential) (MAA). There was a long history of complaints regarding the state and structural integrity of the balcony from the tenant of the property, Joanne Gillies (the tenant), who also happened to be an architect.
On 15 June 2012, a group of school friends were gathered on the balcony at the property. The balcony collapsed.
Four of the people injured in the collapse commenced proceedings in the District Court of NSW against the owners and the agent. The tenant was the mother of one of the victims. She was not home when the balcony collapsed, but she also sued the owners and the agent for nervous shock.
The agent and owners issued cross claims against each other seeking an indemnity from the other, firstly, as joint tortfeasors pursuant to section 5(1)(c) of the Law Reform (Miscellaneous Provisions) Act 1965 (NSW) and, secondly, pursuant to a contractual indemnity clause in the MAA.
The owners and the agent also issued cross claims on the tenant for her failure to lock access to the balcony in circumstances where she was fully aware of the potential risk of harm, as she had made multiple complaints to the agent that the balcony was not structurally sound.
First Instance decision
On 29 September 2015, a liability trial took place before Judge Curtis of the District Court. On the last day of trial, his Honour delivered an ex tempore judgment, finding that:
<ul>
<li>the agent was 100% liable to the plaintiffs;</li>
<li>the owners discharged their duty of care as owner to the plaintiffs by delegating the management of the property to the agent; and</li>
<li>the tenant did not breach any duty of care she owed to any of the plaintiffs.</li>
</ul>
His Honour found that the cause of the balcony collapse was, in essence, a deterioration of steel bolts caused by weather and poor maintenance. The agent had obtained and passed on various quotes for repairs to the balcony to the owners, who had rejected them. His Honour found that the agent should have gone further than simply passing on the quotes and should have instead specifically recommended that the owners obtain expert advice to assess the structural integrity of the balcony.
His Honour also found that the owners were not liable to the plaintiffs in tort because they had discharged their duty owed to the plaintiffs by appointing a managing agent to manage the property.
His Honour further found that the tenant had discharged her obligations owed to the plaintiffs by complaining to the agent about that the balcony was not structurally sound.
The agent appealed.
Appeal
On appeal, the agent did not challenge the finding that it was liable, but instead challenged the findings that the owners and the tenant were not liable to the plaintiffs.
The agent also challenged the decision on the ground that Judge Curtis had failed to consider and apply section 5B of the Civil Liability Act, in not identifying the precise foreseeable risk of harm, which, in this case, was the risk of injury to people due to the failure to properly investigate and maintain the structural integrity of the balcony.
The Court of Appeal found that:
<ul>
<li>Judge Curtis had erred in failing identify the relevant risk of harm and whether the owners and/or the tenant knew, or ought to have known, of the risk as required by section 5B of the Civil Liability Act. Accurate identification of the risk is necessary to determine what constitutes a reasonable response to the risk;</li>
<li>a reasonable person in the position of the owners should have formed the view that the agent had not properly discharged its duty and that they should have expressly instructed the agent to engage an expert to investigate the structural integrity of the balcony. The owners could not rely on their delegation to the agent in answer to their alleged breach of duty;</li>
<li>the owners succeeded in their claim for a contractual indemnity from the agent, but the entitlement to a contractual indemnity should be reduced by 30% by reason of their contributory negligence pursuant to section 9 of the Law Reform (Miscellaneous Provisions) Act in failing to expressly instruct the agent to engage a suitable expert to investigate the structural integrity of the balcony;</li>
<li>the tenant was liable to contribute 20% to the agent's liability to the plaintiffs by reason of her failure to lock access to the balcony in circumstances where she knew about potential structural issues; and</li>
<li>apportionment of liability between the agent, owners and tenant should be 50%, 30% and 20%, respectively.</li>
</ul>
Final Orders
On 11 September 2017 the Court of Appeal made orders giving effect to its reasons, which, in addition to setting aside various orders made by Judge Curtis, were essentially:
<ul>
<li>Judgment for the plaintiffs against the owners.</li>
<li>Judgment for the owners against the agent.</li>
<li>Any damages recovered by the owners from the agent to be reduced by 30%.</li>
<li>Judgment for the agent against the tenant.</li>
<li>The tenant is to contribute 20% to the agent's liability to each of the plaintiffs.</li>
<li>The owners and the tenant to pay the agent's appeal costs.</li>
<li>The agent and the owners to each bear their own costs of their cross claims in the District Court.</li>
<li>The tenant to pay the agent's cross claim costs in the District Court.</li>
<li>The agent, owners and tenant are to respectively pay 50%, 30% and 20% of the plaintiffs' costs.</li>
</ul>
Implications
If a party is entitled to be indemnified pursuant to a contractual indemnity clause, the amount of indemnity can be reduced by operation of section 9 of the Law Reform (Miscellaneous Provisions) Act.
In claims against real estate agents and property owners by injured plaintiffs, a tenant may bear some responsibility if they did not act as a reasonable tenant to avoid a risk of injury, if measures were available to them to prevent the risk of harm. Presumably, a tenant will always know about the risk; they will usually be the source of the complaint. Whether they can take steps to prevent the harm occurring will depend on what is required. In this case, the Court found the tenant could have simply locked the door, blocking access to the balcony.
Gilchrist Connell acted for the successful agent.
Paul Kozub is principal at Gilchrist Connell (Sydney) and Catherine Hing senior counsel at Gilchrist Connell (Sydney).
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Shared blame in the collapsed Collaroy balcony court decision: Gilchrist Connell

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A house on Sydney's northern beaches that narrowly escaped the wrath of a monster storm in Sydney's Collaroy on June 6 2016 is back on the market.
The Pittwater Road property, <a href="https://www.domain.com.au/1112-pittwater-road-collaroy-nsw-2097-2013799481" target="_blank">1112 Pittwater Road Collaroy</a> was first listed with a $3.6 million guide last year. It was bought it in 2006 for $2 million and has been listed with a $4.2 million price guide.
The four-bedroom home, with separate living areas and a level rear lawn with direct beach access, is now set to go to auction on September 23 through McGrath's David Rothschild.
The campaign to sell builder Patrick Finlay’s two-storey house was interrupted on June 6 last year when huge waves and an eight metre king tide struck, leaving 10 houses at risk of falling into the sea.
<div class="x_in-content-ad">Three of the 10 beachfront homes that bore the brunt of the destruction remain unoccupied 14 months later. </div>
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jonathanchancellor-7SQnKwU6yx

Beachfront Collaroy home returns to market

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A popular youth hostel in Sydney’s Collaroy and a neighbouring block of units has sold to developers for $14.75 million.
It was listed with price expectations of more than $10 million.
The YHA hostel at 4 Collaroy Street and 1 Alexander Street properties were offered as a consolidated 2,570 sqm development site on behalf of a local private investor. 
The Sydney Beachouse YHA won the best budget accommodation in NSW award in 2000. The hostel has 65 rooms, a pool and is close to Collaroy Beach.
The 1 Alexander Street property is a three-level apartment block comprising five residential units, a storage unit and three retail stores including a café and physiotherapy. 
According to Domain reports, CBRE had marketed the property at $10 million plus, and received 15 offers after 31 contract requests.
Toby Silk, CBRE selling agent, said property developer HCAP purchased the site.
Steve Howell, CEO, HCAP told Domain the block was bought as a “buy, hold and develop in the future kind of purchase”.
“Any development would be in line with that village kind of atmosphere, supported by the council,” he said.
"The purchase was part of an emotional attachment to the area.
“My family lives in Collaroy and the site is as good as you get for large scale, luxury redevelopment along Sydney’s northern beaches.
“It’s a beautiful part of the world.”
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Site with youth hostel in Sydney’s Collaroy sold

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West Tigers coach Ivan Cleary can have a smile on his face away from the field as he sold his former Collaroy home in just 15 days.
There's not been much to smile about on the field for Cleary, who has won only two of his first six games in charge of the Tigers, including a 36-0 drubbing by the Broncos recently.
Star players Mitchell Moses, Aaron Woods and James Tedesco have signed elsewhere and the club sit second bottom of the latter and four points off eight placed Canberra.
The former Sea Eagle will be pleased however with the quick sale of his first property purchase, although he's not heading in to Tigers heartland.
Cleary has said he will be staying by the beaches after selling the home with a price guide of $2.2 million through Paul Franks at Ray White Mona Vale.
Cleary paid $332,500 for the home in 1995 during the season he spent as a fullback at the North Sydney Bears.
It was the same year he married wife Rebecca, the sister of former Bears forward forward Josh Stuart.
The couple lived in the home when Cleary left the Bears to play for the Roosters for the next three seasons.
The Hay Street home on nearly 700 square metres has three bedrooms, a timber kitchen and a backyard with detached studio and undercover entertaining deck.
They rented out the home while they were in New Zealand during Cleary's stint with the Warriors and moved to a larger home when they came back.
Cleary spent two separate stint with the Warriors. He spent two years as a player from 2000 and then five years as the head coach from 
He led the team to finals footy in four of his six seasons in charge.
It was tougher task when he took over the out of form Penrith Panthers in 2012.
The Panthers only made the finals once in his three years in charge before he was sacked in October 2015.
In April, Cleary took over from Jason Taylor at the helm of the West Tigers.
Ivan and Rebecca have four children including NRL rookie Nathan who plays for the Panthers.
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