How farmer’s bumper wheat crop led to a $15m Noosa showdown
A bumper wheat crop back in 1970s meant farmer Ian Cameron could buy beachfront property in then burgeoning Noosa with friends. The deal has now taken a strange legal twist.
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When Queensland farmer Ian Cameron reaped a bumper wheat crop back in 1979, he headed to the then burgeoning tourist town of Noosa with a pocketful of cash.
Sensing the coastal village was on the verge of a boom, Mr Cameron, who also served several terms as a Federal MP, purchased a strip of beachfront land with a group of friends in Teewah Beach Road with plans to build an eco-tourism resort.
Over the years, various members of the Cameron clan have held onto their half interest in the 40ha property north of Noosa’s trendy Hastings St.
It is not disclosed how much Mr Cameron originally paid for the land, but in the early 1970s a small house in Hastings St could be bought for as little as $13,000.
The eco-tourism venture never eventuated, but the beachfront property bordered by bush and white sandy beaches has been the setting for family weddings and camping trips.
Mr Cameron’s son Will, who continues to farm the family property at The Gums on the Darling Downs, had plans to build a sea-change home on the land.
But next month, the property will be auctioned off against the family’s wishes as part of a successful statutory sale application to the Supreme Court by high-profile Brisbane developer
Michael Malouf and his partner Heidi Middleton, the co-founder of fashion label Sass & Bide.
The couple in 2022 bought out the other 50 per cent interest in the land for $4.3m, setting the scene for the legal battle with the Camerons that followed. It is expected both the Malouf and Camerons will be bidding for the land at the auction on May 10.
Agents have described the property as a “generational opportunity to secure an absolute beachfront land” with over 450m of absolute beach frontage and “views back to Noosa which is only a 15km drive or 3km as the crow flies.”
The block shares the same oceanfront perspective of Noosa, which is separated from the property by the Noosa River opening and is surrounded by national park.
The sale also has thrown a spotlight on a little known aspect of Queensland’s Property Law Act which means joint owners of land – known as tenants-in-common - can be forced to sell if one party applies to court. With expectations the Noosa land could sell for as much as $15m the stakes are high for the Cameron family given the development potential of the site as well as the emotional attachment to the property.
Following Mr Cameron Snr’s split with his ex-wife Jill in the 1990s, she now holds the land, which she had arranged to sell to her son Will.
Mr Malouf – who developed the multi-award winning Calile Hotel in James St, Fortitude Valley – became interested in the site as a potential resort development a couple of years ago. He later changed those plans and, like Will Cameron, wanted to build a family home on the site, which is zoned for rural residential development.
The Malouf-Middletons entered negotiations with Ms Cameron to buy the remaining half of the block in 2023. Those plans fell through with Ms Cameron emailing Mr Malouf last June that: “I am sorry to let you know that I have decided to withdraw my property for auction. I know you and Heidi will be disappointed but circumstances have arisen which means I will not be proceeding with the auction. I wish it could have been a better outcome for you both. However, unfortunately my decision has been difficult but I believe it is the right one.”
One the same day, Mr Malouf’s solicitor wrote to Will Cameron that “we will move immediately to make application for the statutory sale of the entire property. I will leave you to explain the potential financial implications of this approach to Jill.”
Last year Supreme Court Justice Tom Sullivan approved the application, holding that “there was nothing inappropriate or wrong with Mr Malouf wanting to buy the Noosa land for either a business purpose or to build a residential premises.”
However, Will Cameron said the bigger story from the case is “that there are tens of thousands of properties in Australia” that have a ‘tenant in common’ title that could be ar risk of being sold from under them.
“All you need is 1 per cent ownership in a ‘tenant in common’ property and it is ‘as of right’ for you to apply for a statutory sale,” said Mr Cameron.
“You do not need an argument, you do not need to be an owner for a period of time. We are a farming family who have owned our share of the land for 48 years on the back of a bumper wheat crop. Then Mr Malouf turns up.”
Comment was sought from Mr Malouf.
Legal experts say a statutory sale application is very difficult to oppose and usually a court will approve it and allow the sale of the property. Therefore if are looking at buying real estate with others, they say you should consider what will occur should the relationship sour or one co-owner wants to sell.