Restaurateur Nicholas Pinn sues townhouse developer Dunland Property Pty Ltd over claims he was ‘stung by sunset clause’

A top Brisbane restaurateur has sued the developer behind an up-market inner-city “urban village” over a cancelled contract.

Brisbane restaurateur Nick Pinn. Pics Adam Head

A top Brisbane restaurateur has sued the developer behind an up-market “urban village” townhouse and apartment development in Brisbane’s inner suburbs claiming it cancelled his contract to buy after nearly three years waiting with the project plagued by construction delays and asbestos.

Nicholas Pinn, who is the managing director at the company behind eateries Malt Dining, Malt Traders, Malt Pier, Drum Dining and Vaquero Dining located variously in Newstead, Albion, Southbank and the Brisbane CBD, has filed his lawsuit in the District Court in Brisbane against Dunland Property Pty Ltd (Dunland), the owner of the site at 60 Bridge St Wooloowin.

Mr Pinn, from Newstead, has asked the court to force Dunland to complete their contract by completing the sale of his dream three-bedroom two-and-a-half bathroom townhouse he signed a contract to buy off-the-plan for $789,000 in February 2021.

Home prices have skyrocketed since Mr Pinn signed the purchase contract.

Mr Pinn’s townhouse, was set to be in Stage One, and was due to be built on the old Sisters of Mercy site covering sections of Bridge, Chalk and Merehaye Streets and is part of the $180m master planned Greville community 5km north of the CBD.

Architects renders of the Greville Wooloowin townhouses

He alleges that Dunland repudiated the contract of sale in June this year, which entitled him to affirm the sale contract on October 10.

He alleges the repudiation occurred when Dunland’s lawyers wrote to him on June 12 stating Dunland “continues to expect that it will not be able to complete Stage One by the sunset date”.

A week later on June 21, Dunland development manager Blair Britton told him that his townhouse in Stage One of the development “would not be completed by the sunset date” of August 9, 2024, and Dunland was not completing Stage One because it was “financially unviable”.

He claims in the suit filed on Thursday October 12, that Mr Britton instead offered him a “$20,000 discount” one of the 12 townhouses it was building in Stage Three, selling for $1.35m.

Mr Pinn alleges the Stage Three townhomes have “inferior features” to the design Mr Pinn alleges he has a contract to buy.

He alleges the Stage Three townhouses “are scheduled to settle” prior to the August 2024 “sunset date”.

The Cedar Woods’ townhouse project, dubbed Greville Wooloowin, being developed by Dunland Property Pty Ltd.

Mr Pinn has asked the court that if it cannot force Dunland to complete their contract and handover the keys to his dream townhome, he wants Dunland to pay $639,000 in damages, calculated as the difference between the $789,000 contract price in 2021 and the new $1.35m price, plus the return of his $78,900 deposit.

Mr Pin alleges the 206 sqm townhouse he has a contract to buy boasted north-facing living areas, courtyard and terrace, and was “removed from high traffic areas within the project” and was “away from rail infrastructure” and other future development, with a stone floor on ground level and upgraded curtains.

No defence has been filed and no date has been set for hearing.

The Cedar Woods’ townhouse project, dubbed Greville Wooloowin. Picture: Facebook

In a separate lawsuit Dunland has sued a pair of environmental consultants in the Supreme Court for $18.2m alleging that their negligence in giving the asbestos contaminated site the all clear has stalled construction of townhouses and units.

The site is being redeveloped for 49 medium density lots in stage one, and 12 medium density lots and two high density apartment blocks in stage four.

No defence has been filed in that suit either.