Millionaires row over $3.3m sale of waterfront Sunshine Coast home
A Qld couple’s home purchase has turned into a nightmare with their contract to buy a $3.3m waterfront mansion now at the centre of a bitter legal stoush.
Police & Courts
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A Queensland couple’s home purchase has turned into a nightmare with their contract to buy a $3.3m waterfront mansion now at the centre of a bitter legal stoush.
Joshua Marc Storey and Samantha Ruth Erskine Storey have sued the vendors of the Sunshine Coast home they agreed to buy in August last year.
The claim is for “specific performance” of the purchase contract of the Parrearra home from vendors Michelle Susan Britton and Andrew John Britton for $3,264,000.
The Storeys claim in the Supreme Court that the Brittons failed to “settle” on the date for settlement – which was initially August 16, and then extended to August 19.
Details of the dispute over the eight-bedroom, four-bathroom mansion were revealed in a pre-trial ruling handed down by Justice Paul Freeburn on May 30, following a hearing on May 15.
The Brittons have defended the claim separately, as they separated last year, the decision states.
Ms Britton has counterclaimed against the Storeys that the Storeys have been in possession of the Cuba St property since February last year “without consent”.
Ms Britton, who is a solicitor, now acts for herself.
Justice Freeburn states in his decision that Ms Britton had not complied with an order made in February to disclose documents relevant to the sale to the Storeys.
“Disclosure was due to be completed in November 2024. Six months later it remains an issue,” Justice Freeburn wrote.
Ms Britton blamed “vision and health issues” for the delays.
“The parties have obligations ... to proceed with the case in an expeditious way. Ms Britton’s progress has been some distance from meeting that obligation. Ms Britton will be ordered to pay the costs of the disclosure application on an indemnity basis,” Justice Freeburn ruled.
“Cases like this, involving a claim for specific performance of the purchase of a residential property, usually move quickly. The court often facilitates that. This proceeding has not moved quickly.”
The case is due back in court on Monday.
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