property rights

Task:
Bill is one of the most successful property developers on the Gold Coast and according to BRW is worth in excess of $1Bn. 13 years ago Bill amalgamated four prime, beachfront sites at Broadbeach and built a magnificent mansion that he modelled on his memories of watching The Beverly Hillbillies. Bill’s neighbours are tired of his parties and also wonder what happened to the easement they used to use to access the beach.
Bill has been intrigued by the current tour of Motley Crue in Australia (supporting KISS). This was always Bill’s favourite band and an offer to come and perform at his Gold Coast home has been accepted by the band even though they are on a tight schedule.
This is a very important moment for Bill and he has repeatedly said “This is the biggest deal of my life. Everything must be perfect and work like clockwork”.
Bill hires contractors, Buildings Are What We Does, to construct a stage and party area promising $50000 now and another $50000 on completion. Additionally Bill contracts a $20000 bonus if completed by the 10tth of March. Part of the design includes a “Grand Entry” area down the middle of the property.
Bill is very excited, but from this point some things start to go wrong, much to Bill’s frustration.
His neighbour, Ben, says that the lights for the concert will be shining into his house and will constitute a trespass. Bill believes that the lights ‘won’t be a problem and being boring should be illegal’.
His other neighbour, Jenny, complains to the Council that this is an unapproved use for the property and construction is also unapproved. Council investigates and Bill claims that it is all temporary for one night with the Crue.
Council also notices that the ‘Grand Entry’ is also on the title plan as an easement, previously maintained by the Council. The Council also notices that the contractor who maintains all walkways has been charging them for ‘maintenance for more than a decade on this area, which seemingly has been incorporated into a private property.
The contractors, Buildings Are What We Does, builds part of the party area and stage before a severe bout of food poisoning strikes down the whole workforce. Bill refuses to pay any further fees and seeks recovery of his initial $25000. Bill then hires new contractors, Constructions Are Us, to finish the job- which they do collecting the full bonus.
On the night, Motley Crue appear, but unfortunately lead guitarist Nikki Six is incapacitated in hospital claiming that ‘someone spiked my drink’. Bill is inconsolable as Nikki is his favourite band member. However, the band lead singer, Vince Neil, says they will still perform and have recruited a local guitarist to help out. Bill says he won’t be paying the fee as the band is nothing without Nikki.
At that moment, the Council appears with the police saying the concert cannot go ahead and put a stop to any proceedings. Bill’s friends leave in a huff saying they will now sue Bill as some have flown from interstate. Bill in a fury hurls parts of the stage into Jenny’s property.CLICK HERE FOR MORE ON THIS TOPIC