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2 Fatal trafc incident, Ma- roochydore, May 16 Around midday, a car travelling on Second Ave collided with a parked car before seriously injuring a male pedestrian and killing a female. The 76 yr-old driver and male pedestrian were transported to Nambour Hospital for treatment. The female pedestrian died at the scene. Serious trafc crash, Broad- beach, May 22 At around 5pm a vehicle trav- elling north along Old Burleigh Rd slowed to turn into a drive- way. As the vehicle began to make the turn it collided with a motorcycle that was travelling south. The rider, a 55 yr-old man, was transported to the Gold Coast University Hospital with life-threatening injuries. Fatal trafc crash, east of Quilpie, May 23 A 33 yr-old man, 24 yr-old woman and an eight month old boy have died after a se- dan and utility collided on the Diamantina Development Rd, about 60 kms east of Quilpie. The driver and sole occupant of the other vehicle, a 57 yr-old man sustained minor injuries. Fatal trafc crash, Bundaberg, May 24 At around 3.20pm a car travel- ling on Heidkes Rd at Wind- ermere left the roadway and crashed into a power pole. The sole occupant of the car, a 17 yr-old woman was ambu- lanced to Bundaberg Hospital, then transferred to the Royal Brisbane and Women’s Hospi- tal where she later died. Trafc incident, Noosa, May 26 At approximately 3pm a fe- male driver collided with two male pedestrians on Noosa Pde. The female driver and one of the male pedestrians were taken to Nambour Hos- pital with non-life-threatening injuries. The second male pe- destrian was airlifted to hospi- tal with serious leg injuries. Fatal trafc crash, Maroon- dan, May 27 A 28 yr-old man has died fol- lowing a collision with an on- coming vehicle on Bundaberg Gin Gin Rd at around 4.10pm. The driver of the other vehicle, a 19 yr-old male was airlifted to Bundaberg Hospital with serious injuries. A Gold Coast retail ten- ant has recovered compensation or wrong- ul termination o a lease just six weeks aer com- mencement as a result o a landlord’s “deliberate and persistent” demands or inspections, “at times and requencies which would not be considered reason- able.” Bruno’s Delights entered into the Johnston Street Southport lease with George Alexiadis on 15 June 2012. By 27 July, “harassment” and “demands or rent when no rent was due” constitut- ed, according to the QCAT review tribunal, were edg- ing into the “persecution and intimidation” category. Alexiadis entered the premises in the early hours o that morning, took items rom the reezer and placed them in a tub o ice outside the premises or the tenant to retrieve and changed the locks. All o this was done without serving any notice to remedy breach o cov- enant. e landlord’s dissatis- action apparently related to the cleanliness issues but there was no photographic evidence nor did he make any complaint to the council health department “which would appear to be the nor- mal course o action in a case like this.” Brunos’ claimed $21k or money throwaway in entering the lease and loss o value o xtures, ttings – which the tenant was pre- vented rom removing – and stock. e tribunal was o the view that the landlord’s con- duct to drive the tenant out o possession should result in compensation or the tenant. Requests or inspec- tions although permitted on reasonable terms, must not breach a “tenant’s right to quiet enjoyment” o the leased premises. It invoked s43 o the Re- tail Shop Leases Act to re- quire the payment o com- pensation or loss or damage suered by lessee because “a lessor causes it to vacate be- ore the end o a lease”. e landlord was or- dered to pay the total o $21k within 14 days. E ven as Queensland’s residential real estate market claws itsel back to some respectability, the des- peration o property own- ers still reeling rom the GFC property collapse reached its apogee in April, with a contempt application brought against the judge who allowed the mortgagee to recover possession o a Sunshine Coast property. Judge John Robertson ordered in March, that Per- petual’s July 2013 possession and debt recovery action be resolved in its avour and that the borrower pay the loan debt o $217k inclusive o interest. Dispossessed borrower, Wayne Ralph Riggal, lodged a urther application in the Ma- roochydore District Court to compel Robertson to appear – armed with his “Bond” and oath o ofce – to show cause in answer to the contempt al- legations and answer “why a Tort Claim should not issue against his Bond to Purge the Contempt”. What had been an issue in the March hearing was the validity o a so-called “prom- issory note” sent to Perpetual by the borrower rom Maple- ton Post Ofce so as to alleg- edly discharge the mortgage debt in ull. Fuelled apparently by in- ternet gobbledygook propa- gated in the United States, this is at least the third in- stance o a similar argument coming beore a state court in recent months and ranks with other equally creative conten- tions placed beore the Court o Appeal last year (see relat- ed report on page 13). e imaginative bor- rowers argue a home-made “promissory note” – not drawn on any bank - dis- charges the loan repayment obligation with a commit- ment to pay under the “nego- tiable instrument”. In an “afdavit o prob- able cause”, his representa- tive Sarah Ann Wales – who the judgment explains is not a lawyer – recounts her bar table stoush with Robertson when she accused him as be- ing “not qualied to assess a negotiable instrument”. She then claimed on Rig- gall’s behal that by ailing to speciy the exact deciencies in the instrument, Robert- son had denied the borrow- er an opportunity to tender a modied “bill o exchange.” Judge Long in April, ruled the “astounding” application and supporting material to be an abuse o process. To proceed against a judge personally demon- strated, he said, “a lack o understanding” o the unda- mentals o the justice system, he said. None o the relie claimed was available at law. Explaining that the only urther course open to the borrower was an appeal against the March ruling, His Honour ordered the registrar should reuse allow the appli- cation to be led. On 1 May, an enorce- ment warrant was issued against the property. Ready for judgment. Should at least these judges be able to be sued? Dispossessed borrower sues judge for “contempt” Kebab tenant “persecuted” Tenant wins compo on excessive inspection demands Kebab shop - a tough business at the best of times Shop 8, 180 Grey Street Southbank QLD 4101 0410 144 464 Monday – Sunday: 6:00am – 4:00pm
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