No.21 Broadbeach Blvd sues neighbour Oceana on Broadbeach over alleged land encroachment
An almost year-long dispute between an apartment complex and a neighbouring luxury tower development shows no sign of abating, with the developer hitting the complex’s body corporate with a new lawsuit.
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An acrimonious, long-running dispute between a Broadbeach unit complex and a neighbouring development, a luxury 20-storey tower, has taken a new turn with the developer lodging a $500,000-plus compensation claim.
Relations between the parties, Oceana on Broadbeach and No.21 Broadbeach Blvd, which is helmed by prominent local developer Anthony Quinn, have been dire ever since ground broke on the new project last September.
The dispute centres largely around allegations of trespass and unauthorised land use between the Old Burleigh Rd neighbours, with the position of construction fencing a particular sticking point.
The body corporate for Oceana on Broadbeach fired the first shot, lodging a damages claim against No.21 Broadbeach Blvd and builder Glen Q, that was withdrawn after the parties entered into a licence agreement allowing access to Oceana land.
However, Oceana tore up the licence agreement, alleging breaches, and filed a new claim.
The new claim seeks an undisclosed quantity of damages for breaching the licence and trespass, as well as a permanent injunction restraining No.21 Broadbeach Blvd and Glen Q from “entering, trespassing upon or substantially interfering” with their land, which remains before the Brisbane Supreme Court.
Now, No.21 Broadbeach Blvd and Glen Q have returned fire, lodging their own claim in the same court – seeking more than half a million dollars of compensation.
According to their statement of claim, filed on June 16 and obtained by this masthead, the plaintiffs allege that soil anchors historically installed on Oceana’s land unlawfully encroached on the development site, rendering a small portion of the site unusable and requiring a rejig of plans.
They claim they first discovered a row of soil anchors protruding onto their land while they were undertaking excavation on or about October 3, 2024.
Glen Q ceased construction, according to the claim, while solicitors for the plaintiffs allegedly emailed Oceana to ascertain whether there may be a second row of soil anchors below the already uncovered row.
However, according to the claim, no response was received.
The row of soil anchors were removed but, according to the claim, Glen Q was not granted permission to excavate further down to investigate the possible presence of a second row of soil anchors.
The plaintiffs were allegedly told by Oceana on October 9, 2024, that the removed soil anchors were the “last”.
But, according to the claim, a second row was discovered on or about October 22 while Glen Q was undertaking basement construction works, at which point they were removed.
No.21 Broadbeach Blvd and Glen Q allege they were required, as a result, to move a sheet piling wall further inside their land and install additional reinforcements.
This allegedly resulted in a volumetric loss of 90.58 cubic metres, which “otherwise would have been utilised for building the substructure, ground floor and mezzanine level” of the 20-storey development.
As it was not possible to remedy the intrusion without “substantial building demolition,” the encroachment was “permanent” and required a redesign of certain aspects of the building structure, the claim said.
The plaintiffs alleged they had suffered about $225,000 in direct financial loss, as well as weathering additional costs from project delays and redesign works.
According to the claim, Oceana should have been alive to the likelihood of additional soil anchors on No.21 Broadbeach Blvd land, as it had allegedly been told in 2017 by a different neighbour, located at 19 Broadbeach Blvd, that soil anchors were protruding onto its land.
No.21 Broadbeach Blvd and Glen Q are seeking $518,823.53 worth of compensation for their allegedly lost land, as well as an undisclosed sum of damages and a permanent injunction restraining Oceana’s “agents, servants and employees” from entering or interfering with their land.
Oceana is yet to file its defence. Oceana’s legal representative, Ron Frigo, siad his client would not comment on the claim, save that Oceana “remains confident in its position and will vigorously defend against these claims through the proper legal channels”.
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Originally published as No.21 Broadbeach Blvd sues neighbour Oceana on Broadbeach over alleged land encroachment
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