No.21 Broadbeach Blvd: Oceana on Broadbeach body corp sues developer for trespass, nuisance
The body corporate for a Broadbeach unit complex is claiming damages against the owner and head contractor of a neighbouring 20-storey development, which is offering luxury residences at a starting price of $6.25m.
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The body corporate for a 98-lot unit complex at Broadbeach is suing the owner and builder of a luxurious 20-storey residential tower currently under construction next door, alleging the developer has breached a licensing agreement.
The body corporate for Oceana on Broadbeach, located at 100 Old Burleigh Road, Broadbeach, lodged a damages claim against 21 Broadbeach Blvd Pty Ltd and Glenq Pty Ltd, respectively the owner and head contractor for No. 21 Broadbeach Blvd (formerly Sunset Residences), on March 13 in the Brisbane Supreme Court.
The origin of the dispute traces back to an earlier, discontinued damages claim on September 19 last year, wherein the Oceana body corporate sought damages from the defendants for alleged trespass and nuisance.
According to a recent decision of Supreme Court of Queensland Chief Justice Helen Bowskill, the body corporate alleged in its earlier claim the defendants had “removed a boundary fence, installed temporary fencing and removed vegetation, excavated and removed soil and exposed and damaged utilities on the plaintiff’s land, and commenced and continued piling works”.
The following day, an injunction was granted “preventing the defendants from continuing or conducting any construction work on the plaintiff’s land,” but the proceeding was discontinued after the parties entered into a licence agreement.
However, by its March 13 damages claim, the Oceana body corporate alleges 21 Broadbeach Blvd and Glenq “breached the licence agreement in a number of ways, including by failing to rectify and restore damage caused by the conduct which was the subject of the earlier proceeding”.
Chief Justice Bowskill said the licence agreement had been terminated and the plaintiff now seeks “an order permanently restraining the defendants from entering, trespassing upon or substantially interfering with the plaintiff’s land, damages for breach of the licence agreement and for trespass”.
The defendants, however, contended that the proceeding ought to be dismissed or struck out on the basis it was “not authorised by a special resolution of the body corporate” as required under the Body Corporate and Community Management Act 1997.
The Oceana body corporate countered the proceeding was in fact authorised, or if the court found it wasn’t, the matter should be stayed until it could provide authorisation in an appropriate form.
On April 7, Chief Justice Bowskill ruled, notwithstanding the “overwhelming” support within the Oceana body corporate for legal action against the respondents, the technical requirements of the legislation had not been met, and so the proceeding was in fact unauthorised.
The matter was subsequently stayed for 40 days to enable the Oceana body corporate to convene a further meeting and pass a special resolution in the correct form authorising the proceeding.
The defendants have indicated they will defend the claim in court.
21 Broadbeach Blvd Pty Ltd, headed up by prominent local developer Anthony Quinn, and head contractor Glenq Pty Ltd, a joint venture between Glenvill and QNY, have courted controversy over No. 21 Broadbeach Blvd ever since ground broke.
Gold Coast City Council claimed that when the first sod was turned on September 18 last year, final approvals had not yet been granted (a claim denied by the developer), leading Division 10 Councillor Darren Taylor to lob an accusation of rule-breaking.
Mr Quinn responded by lodging an official complaint against Mr Taylor, claiming he abused his authority.
When complete, No. 21 Broadbeach Blvd will boast 12 full-floor apartments, two one-and-a-half level residences, and a tri-level penthouse with private rooftop terrace.
The starting price for apartments is $6.25m, with residents expected to move in by late 2026.
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Originally published as No.21 Broadbeach Blvd: Oceana on Broadbeach body corp sues developer for trespass, nuisance
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