Newspaper article Sunshine Coast Daily (Maroochydore, Australia)

Landmark Decision in Lengthy Deck Dispute

Newspaper article Sunshine Coast Daily (Maroochydore, Australia)

Landmark Decision in Lengthy Deck Dispute

Article excerpt

IT'S the Noosa deck that cost an estimated million dollar in legal fees and will never ever be built.

A High Court decision this week has finally sealed the verdict of about five metres of air space in the luxury living enclave at the Viridian Noosa Residences.

But there is there is more to the case than expensive legal wrangling between bull-headed millionaires used to getting their own way.

Frank Higginson, from Hynes Legal, said the "landmark" High Court decision had significant implications for body corporates across Australia.

It was the longest running and most expensive dispute over a deck in Australia.

It began when former CEO of Theiss, Martin Albrecht, challenged the decision of the Viridian Noosa Residences body corporate to refuse his request to adjoin two decks on the architect award-winning property.

Mr Albrecht won the first legal battle, but the body corporate, with the financial backing of pokie millionaire Lee Ainsworth's son, Kjerulf, took it to Queensland Civil and Administration Tribunal, where they won. …

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