Heidelberg Business Park Pty Ltd wins legal fight to have $60m tower’s crane taken down

The new owner of Peter Dutton’s former Gold Coast mansion has won a legal fight against a high-rise developer for a crane to be removed as it was “trespassing” on the beachfront property.

A 40m crane on a site adjoining a Gold Coast beachfront mansion previously owned by federal opposition leader Peter Dutton is being taken down after legal action.

A crane on a site adjoining a Gold Coast beachfront mansion previously owned by federal opposition leader Peter Dutton is being taken down after the home’s new owner launched legal action claiming the construction rig was “trespassing” on his property.

Heidelberg Business Park Pty Ltd, associated with wealthy property developer Michael Ferraro, splashed $6m on Mr Dutton’s luxury pad on Jefferson Lane at Palm Beach in 2021.

The company last month initiated Supreme Court action against developer 5Point which is building a $60m eight-level apartment tower called Ophira on a neighbouring site.

In an urgent interim injunction application lodged in April, lawyers for Heidelberg said 5Point had “moved quickly” to erect the 40m crane despite it being “plainly understood” that the developer needed Heidelberg’s consent under the Property Law Act.

“There can be no meaningful dispute that 5Point’s threatened actions involve a trespass to Heidelberg’s land,” the company said in its court application.

“Heidelberg harbours genuine concerns about the risk the crane poses to people and property on its land.”

Artist impression of Ophira Palm Beach, a $60m, eight-storey tower.

Court documents allege the crane would “encroach into the airspace” of the Heidelberg land and has done so since April 19 when it was erected.

“Heidelberg has, at no time, consented to the crane, or any part of the crane, entering the airspace of the Heidelberg land,” the company’s lawyers stated.

In an affidavit, Mr Ferraro said he had been involved in property development for 35 years, and was aware of at least three incidents involving the “catastrophic failure” of tower cranes.

Mr Ferraro said and his family lived in the house two to three days a week and rented it out “from time to time”.

“Based on my knowledge of the matters … I am genuinely concerned about the safety of anyone who resides in the house whilst a crane remains erected at the site,” he said.

Mr Ferraro also stated that despite discussions held with 5Point, at no time did he consent to them “entering the airspace of the property”.

Artist impression of Ophira Palm Beach, an eight-storey tower by 5Point Projects.

He also alleged that piling work by 5Point had caused “nuisance and damage”, including damaged tiles in his laundry and “a large amount of sand” deposited in stormwater drains.

In its defence, 5Point argued the crane cab encroached onto the Heidelberg land 40m above it and by only 0.47m. It said when operational, the crane’s cab and tail would encroach by no more than 4.62m into the airspace.

5Point said the encroachment was “minor”, did not pose a safety risk or not cause the Heidelberg home to be “unable to be occupied” as was alleged.

5Point said it had offered “reasonable compensation” to Heidelberg which had been rejected and this was “unreasonable”.

The crane was set to be dismantled on Friday after court undertakings by 5Point.

5Point has launched separate proceedings seeking legal access to Heidelberg’s airspace, while Mr Ferraro is also suing for damages with a hearing set down for next month.