Former Aquila Retreat owners taken to court to force property settlement

The former owners of a luxurious Sunshine Coast home and wedding venue were taken to court after refusing to complete the sale of the Buderim property. Read why:

A Russian billionaire took aspiring Buderim resort developers to court after they refused to complete the sale of their property or transfer $180,000 in deposits for forward bookings.

Kim Carroll and Heidi Meyer unlawfully refused to complete the sale of their Aquila Retreat Box St property and business to Cairns-based property tycoon Alex Sekler, court documents reveal.

Mr Sekler signed contracts to buy Mr Carroll and Ms Meyer’s Malumba Estate property at Box St, Buderim, in August last year as well as the neighbouring Aquila Retreat.

Property records show Malumba Estate – a Hamptons-style mansion and the site of approved Badderam Eco Luxe Resort – was officially sold to Mr Sekler on September 13, 2021 for $17.1m.

Construction work is yet to eventuate on the approved development.

But court documents reveal that a month after signing the contracts Mr Carroll and Ms Meyer were refusing to hand over Aquila Retreat.

Aquila Retreat at Buderim sold in December, 2021, for $3.4m to Cairns-based property tycoon Alex Sekler. Picture: realestate.com.au

Mr Sekler took Kim Carroll Investments to the Supreme Court of Queensland where it was revealed separate contracts were signed to sell Aquila Retreat for $3.4m and Malumba Estate for $17.1m.

Aquila Retreat has nine-bedrooms and nine-bathrooms and is offered for group accommodation, as a wedding venue and for “boho luxe” events.

It was named as a finalist in last year’s Sunshine Coast Business Awards accommodation (tourism) category.

Heidi Meyer and Kim Carroll launched a sales campaign for Malumba Estate in the hope of finding an experienced developer.

Mr Carroll is listed as the director of Kim Carroll Investments with Ms Meyer a shareholder.

Mr Sekler’s solicitors said emails were received from Mr Carroll and Ms Meyer in late September last year – a fortnight after they were due to settle – that said they did not want to sell Aquila.

Mr Carroll and Ms Meyer said they also would not transfer $180,000 from bookings made for the property.

They argued they would not sell the property until a business transfer or a business contract was executed – which Mr Sekler wanted to be handled in a separate contract.

They sent another email on October 6 stating they no longer wished to sell the 3.8ha property and “any previous contract between us (is) now null and void”.

Heidi Meyer and Kim Carroll have sold Malumba Estate and Aquila Retreat at Box St, Buderim, to Alex Sekler (middle).

Justice Peter Flanagan identified “difficulties” with Mr Carroll’s submission.

He said the October 6 email from Mr Carroll and Ms Meyer was an “unlawful termination”.

He said the contract did not make the sale of the property conditional upon the buyer entering into an agreement for the transfer of the business.

Justice Flanagan found that Mr Sekler was entitled for the contract to go ahead.

Property records show Aquila Retreat settled on December 15 with Mr Sekler listed as the new owner.

Records show Mr Sekler, a property tycoon and philanthropist, also purchased a 4300sq m block at 9 Box St for $2.6m in October last year.

Aquila Retreat continues to be available for hire for accommodation and events.

However the Malumba Estate website states the property is no longer offered for hire.

In response to questions, Mr Carroll and Ms Meyer said it was a private matter.

Mr Sekler could not be reached for comment.