Supreme Court – Page 2 – Michmutters
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Australia

Accused killer in shooting death of Ipswich man Carlo Stewart granted bail, arguing self-defence

A man accused of killing another man after firing “10 shots in six seconds” during a violent brawl in Ipswich, west of Brisbane, has been released on bail after his lawyer told a court he was in fear of his life.

Carlo Stewart died in Ipswich Hospital after suffering two gunshot wounds on a North Booval street in July last year.

The 31-year-old was killed during an alleged altercation between two groups, sparked by stolen motorbikes.

Three people, including Tye Bickle, were charged with his murder as well as two counts of grievous bodily harm.

During a bail hearing for Mr Bickle in Brisbane on Wednesday, the Supreme Court heard the 29-year-old and two friends had planned to meet with Mr Stewart at one of their homes, but several other men had shown up “unexpectedly” and uninvited .

Mr Bickle’s lawyer Angus Edwards told the court the group, some of whom were partially disguised in masks and hoodies and armed with weapons, had quickly become threatening.

“They weren’t there to sell girl scout cookies they were there with violence on their minds,” Mr Edwards said.

“[Mr Stewart] is the most aggressive, he is the man who throws the first punch.

“Anyone would have been in fear of their lives.”

Police car at Baden Jones Way at North Booval on July 28, 2021, after shooting and street brawl
The court heard the accused and two friends had planned to meet with Mr Stewart at one of their homes.(ABC News: Michael Rennie)

Mr Edwards told the court his client had initially been unarmed and unaware his friend had a gun, but somehow gained possession of the weapon after that man was punched by Mr Stewart.

Mr Bickle then “fires 10 shots in 6 seconds”, but only after Mr Stewart attacked him with a bat, Mr Edwards said.

“A witness sees my client get hit in the head. And there’s no doubt that … because he ultimately had to get an operation — he had a fractured skull,” Mr Edwards said.

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Sports

Bombshell claims made about cricketing great

A lawyer for two brothers accused of being hired “muscle” in the alleged kidnapping of Stuart MacGill has told a court that the cricketing great was a regular cocaine user and “actively” involved in a drug deal central to the case.

Richard and Frederick Schaaf are awaiting trial over the alleged abduction of Mr MacGill from outside his home on Sydney’s lower north shore last year.

The pair on Monday appeared before the Supreme Court in an effort to be danced while they fight the charges.

Their barrister attacked Mr MacGill’s credibility, arguing that he went willingly with a group of men to an abandoned house in southwestern Sydney and said there was no physical evidence that he had been brutally assaulted.

Stuart MacGill has alleged he was abducted from outside his Cremorne home. Picture: Adam Yip/Daily TelegraphSource: News Corp Australia

The pair have pleaded not guilty to charges of take/detain in company with attempt to obtain advantage, with the matter expected to go to trial mid next year.

They were arrested along with four other men, including Mr MacGill’s de facto brother-in-law Marino Sotiropoulos, after the former Test spinner alleged that he was taken to a Bringelly property.

He has claimed that he was threatened with a gun, assaulted and demands were made for money over a drug deal gone wrong.

The court was told on Monday that Mr MacGill allegedly introduced Mr Sotiropoulos – the brother of his partner Maria O’Meagher – to a cocaine dealer.

Mr Sotiropoulos has since been charged with a supply of a large commercial quantity of a prohibited drug and will stand trial alongside the Schaaf brothers.

Mr MacGill alleges that a group of men forced him into a car outside his home and confronted him after the drug deal ended in a “rip off”.

The two men watched from Bathurst Correctional Center on Monday as their barrister Avni Djemal argued they should be released on bail ahead of a trial next year.

Mr Djemal said there was evidence that Mr MacGill had willingly participated in a meeting at the Bringelly house and agreed to look at photos in a bid to identify the drug dealer.

Mr Djemal said Mr MacGill was released at Belmore and allowed to get into a cab.

Richard Schaaf has appeared before the Supreme Court in a bid to be released on bail. Pictures: Facebook.Source: Supplied
Frederick Schaaf has pleaded not guilty to allegedly kidnapping Stuart MacGill. Picture: SuppliedSource: Supplied

“The evidence implies Mr MacGill to a high level. I’m surprised he’s not charged with the actual drug transaction that he says, in his evidence, ‘I had nothing more to do with it, I just introduced the brother-in-law, Mr Sotiropoulos, to a person who I knew used to sell drugs’,” Mr Djemal said.

“The gentleman, now a registered source, he says that this gentleman, MacGill, was an avid user of cocaine and said to be on it all the time or drunk or desperate for money.”

Mr Djemal further told the court that Mr MacGill had an “active” role in negotiating the weight of the drugs involved in the deal to the point that the dealer had offered him a gift because he “put this deal together”.

The Bringelly property where Mr MacGill was allegedly held captive. Source: 7 NEWSSource: Supplied

He further said there was no evidence to support Mr MacGill’s assertions that he had been punched to the front and back of his head, knocked to the ground and suffered a concussion.

Mr Djemal said the only evidence of any injuries was Ms O’Meagher saying she felt a lump on Mr MacGill’s head.

“He doesn’t have one physical injury after those events,” Mr Djemal said.

“If the hits to the front of your face have produced no lumps and you say the onslaught was to the front, the side, knocked you to the ground, how could that be?

“How could his word be that there was a kidnapping? What if he went, saw photos and got brought back?”

Mr Djemal argued that Frederick Schaaf should be released so he could undergo dental treatment because he was at risk of losing his teeth.

The hearing before Justice Richard Button continues.

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Categories
Sports

Stuart MacGill: Bombshell claims made about cricketing great

A lawyer for two brothers accused of being hired “muscle” in the alleged kidnapping of Stuart MacGill has told a court that the cricketing great was a regular cocaine user and “actively” involved in a drug deal central to the case.

Richard and Frederick Schaaf are awaiting trial over the alleged abduction of Mr MacGill from outside his home on Sydney’s lower north shore last year.

The pair on Monday appeared before the Supreme Court in an effort to be danced while they fight the charges.

Their barrister attacked Mr MacGill’s credibility, arguing that he went willingly with a group of men to an abandoned house in southwestern Sydney and said there was no physical evidence that he had been brutally assaulted.

The pair have pleaded not guilty to charges of take/detain in company with attempt to obtain advantage, with the matter expected to go to trial mid next year.

They were arrested along with four other men, including Mr MacGill’s de facto brother-in-law Marino Sotiropoulos, after the former Test spinner alleged that he was taken to a Bringelly property.

He has claimed that he was threatened with a gun, assaulted and demands were made for money over a drug deal gone wrong.

The court was told on Monday that Mr MacGill allegedly introduced Mr Sotiropoulos – the brother of his partner Maria O’Meagher – to a cocaine dealer.

Mr Sotiropoulos has since been charged with a supply of a large commercial quantity of a prohibited drug and will stand trial alongside the Schaaf brothers.

Mr MacGill alleges that a group of men forced him into a car outside his home and confronted him after the drug deal ended in a “rip off”.

The two men watched from Bathurst Correctional Center on Monday as their barrister Avni Djemal argued they should be released on bail ahead of a trial next year.

Mr Djemal said there was evidence that Mr MacGill had willingly participated in a meeting at the Bringelly house and agreed to look at photos in a bid to identify the drug dealer.

Mr Djemal said Mr MacGill was released at Belmore and allowed to get into a cab.

“The evidence implies Mr MacGill to a high level. I’m surprised he’s not charged with the actual drug transaction that he says, in his evidence, ‘I had nothing more to do with it, I just introduced the brother-in-law, Mr Sotiropoulos, to a person who I knew used to sell drugs’,” Mr Djemal said.

“The gentleman, now a registered source, he says that this gentleman, MacGill, was an avid user of cocaine and said to be on it all the time or drunk or desperate for money.”

Mr Djemal further told the court that Mr MacGill had an “active” role in negotiating the weight of the drugs involved in the deal to the point that the dealer had offered him a gift because he “put this deal together”.

He further said there was no evidence to support Mr MacGill’s assertions that he had been punched to the front and back of his head, knocked to the ground and suffered a concussion.

Mr Djemal said the only evidence of any injuries was Ms O’Meagher saying she felt a lump on Mr MacGill’s head.

“He doesn’t have one physical injury after those events,” Mr Djemal said.

“If the hits to the front of your face have produced no lumps and you say the onslaught was to the front, the side, knocked you to the ground, how could that be?

“How could his word be that there was a kidnapping? What if he went, saw photos and got brought back?”

Mr Djemal argued that Frederick Schaaf should be released so he could undergo dental treatment because he was at risk of losing his teeth.

The hearing before Justice Richard Button continues.

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Categories
Business

Developer Cedar Woods shelves Brisbane townhouse project leaving homeowners ‘screwed’

A homeowner who bought into an off-the-plan development in Brisbane, which has now been shelved, has described the development company’s decision as an “absolute joke” claiming that it would leave his family financially “screwed”.

Chris* signed up to buy an $800,000 townhouse last year in the $180 million development called Greville, in the northern suburb of Wooloowin, and was scheduled to move into the new home with his partner and daughter in 2023.

The project was set to deliver around 250 homes, a recreation zone and pool, as well as a community park, and had originally been marketed as an urban village just 5km north of Brisbane’s CBD.

Now, the family has been left angry and upset after Perth-based developer Cedar Woods announced it was delaying the project, blaming rising costs, labor shortages, significant rainfall events in Queensland and extended construction timelines.

Buyers have been given the option to have their deposits refunded and will be offered the first choice when the project is remarketed, according to the developer, which it said hoped would be in the second half of next year.

But Chris claims they are “stuck in no man’s land” because the developer doesn’t have a clause in which they can cancel the contract, a claim Cedar Woods would not comment on.

In a letter to buyers, Cedar Woods proposed that both the developers and buyers agree to “a mutual termination of the contract” as the project would be “indefinitely delayed”.

But so far the family says it has refused to accept the return of their deposit, nor had any responses to other inquiries.

“There’s never been any consultation whatsoever. There was a post on Facebook in April about how they would start (construction), but then the post was deleted and we got phone calls saying everything was cancelled,” Chris told news.com.au.

“Financially, we have been really screwed by Cedar Woods’ decision because now the property prices are still up and we personally don’t think they are going to fail as much as speculators say. Add this to the pressures due to the cost of living going up and interest rates going up, greatly limit our choices.

“We have been looking at similar places and we are not going to get anything for under $1 million for the area.

“We tried to put an offer on a development of four townhouses and the real estate agent basically laughed at us as they are after the mid-$1 million mark for a place with the same square meterage and floor plan similar to what we had bought. ”

Cedar Woods did not respond to a news.com.au’s question on whether the townhouses and apartments would be sold at a higher price once the project was relaunched.

A post on its official Greville Facebook page back in April that said works were under way has now been deleted, but homeowners were left blindsided when the project was shelved just a month later.

“Construction is off to a great start in 2022,” the now deleted post read.

“Despite the weather in southeast Queensland, we are happy to share that civil works on the site are partially complete and construction will begin shortly. It is an exciting time for Greville and we are excited to show you what is to come.”

Chris, who works as a project manager, added that communication had been poor and the couple were “most peeved” that there was “no real consultation” by the company about the decision to shelve the project.

“This decision has majorly impacted people’s lives and they just don’t seem to care,” he said.

Cedar Woods managing director Nathan Blackburne said the firm’s decision was extremely difficult, but it was the right decision in an environment where builders were facing additional risks.

“We know purchasers are disappointed and (we) have apologized to them. We greatly appreciate the understanding of our purchasers who in the main are aware of the current conditions,” he said.

Extended construction time frames and increased costs had meant that the particular stages could not proceed as completion wasn’t possible by specified completion time frames, I added.

“Cedar Woods has continued to engage with the affected purchasers and provide opportunities for further discussion while prioritizing the return of their deposit,” he said.

“The company hopes to re-engage with them when conditions in the sector are expected to improve over financial year 2023.”

But for Chris and his partner, who are in their mid-30s, their “huge” excitement about owning the townhouse has turned into a nightmare.

“We are tossing up if we have to move further out of town away from family, friends, work and childcare, which would make life more inconvenient, but that’s one of the only options we have,” he said.

“Cedar Woods made a decision to protect shareholders and their bottom line as they are a business and I get that, but the impact that it will have on our family and other families out there is not insignificant.”

Meanwhile, work is still continuing on the project site, which has left buyers furious with many lashing out at the developer on Facebook.

“Cedar Woods is continuing to finalize all of the civil construction, remediation work of the historical laundry and the delivery of the community park in preparation for the project to come back to market,” Mr Blackburne said of the continued works.

Australia’s construction crisis

It’s not the first project to be suffered this month in Australia’s embattled construction industry.

Perth developer Sirona Urban killed off a $165 million luxury tower, where more than 50 per cent of apartments had been bought off the plan, blaming skyrocketing construction costs and shortages.

Owner Matthew McNeilly said construction costs had risen by 30 per cent in the past 10 months.

Then there was a Melbourne developer that abandoned plans to build a $500 million apartment tower on the Gold Coast, blaming the crisis in the building industry and surging construction costs for making the project unprofitable.

The development by Central Equity was set to kick off this year featuring 486 apartments in a 56-storey tower, known as Pacific One, and was due to be built on a beachfront block in Surfers Paradise.

Apartments had been sold with a starting price from $650,000 each.

Overall, the construction industry has been plagued with a spate of collapses caused by a perfect storm of supply chain disruptions, skilled labor shortages, skyrocketing costs of materials and logistics, and extreme weather events.

Earlier this year, two major Australian construction companies, Gold Coast-based Condev and industry giant Probuild, went into liquidation.

Then there have been smaller operators like Hotondo Homes Horsham – a franchisee of a national construction firm – which collapsed earlier this month affecting 11 homeowners with $1.2 million in outstanding debt.

It is the second Hotondo Homes franchisee to go under this year, with its Hobart branch collapsing in January owing $1.3 million to creditors, according to a report from liquidator Revive Financial.

Snowdon Developments was ordered into liquidation by the Supreme Court with 52 staff members, 550 homes and more than 250 creditors owed just under $18 million, although it was partially bought out less than 24 hours after going bust.

Others joined the list too including Inside Out Construction, Solido Builders, Waterford Homes, Affordable Modular Homes and Statement Builders.

*Name withheld for privacy reasons

Read related topics:BrisbaneCost Of Living

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Categories
Business

RLB forecasts emerging construction cost inflation will ease in 2023

The rate at which construction costs are soaring – contributing to a spate of high-profile building company collapses – will ease next year, according to new forecasts from global consultancy firm RLB.

Construction cost inflation in Melbourne is forecast to halve, dropping from 8 per cent this year to 4 per cent in 2023, and in Sydney it is predicted to slow from 6.9 per cent to 3.9 per cent.

An even bigger decline is forecast for the Gold Coast with cost growth dropping from 11.5 per cent to 5.5 per cent. Similarly, in Brisbane it should drop from 10.5 per cent this year to 5.1 per cent in 2023, according to forecasts published this week in RLB’s second quarter 2022 International Report.

RLB research and development director Domenic Schiafone said the expectation that costing will ease through next year was due to curtailing demand, likely to be caused by inflationary pressures.

“This easing of demand should allow manufacturing and logistics to get back to ‘normality’ or pre-Covid levels,” he said.

“The easing of demand should also see a softening of material prices with the high level of ‘demand-led price premiums’ reducing.”

Association of Professional Builders co-founder Russ Stephens, whose clients are residential home builders, agreed to escalate costs could halve next year, but off a much higher base.

He said the cost to build a residential home had increased a lot more than non-residential or commercial builds due to the larger percentage of timber used, and that temporary price hikes created by supply and demand were not reflected in the reports we were seeing.

Australia’s typical house build cost has soared more than $94,000 in 15 months, according to figures revealed in analysis by the Housing Industry Association and News Corp Australia earlier this month.

The national inflation rate hit 6.1 per cent in the year to June with new dwellings and automotive fuel the most significant contributors, new figures released by the Australian Bureau of Statistics this week showed. New dwellings were up 20.3 per cent.

Warning to Australians wanting to build

While construction cost inflation is expected to ease sometime next year, in the meantime the pain will continue.

Mr Stephens said because costs were increasing so quickly, consumers needed to be aware prices quoted for builds would not last long.

“If they’ve had a price quoted that is older than 30 days they should expect to have that price renegotiated,” he said.

He also said consumers would see more builders including rise and fall clauses, also known as cost escalation clauses, in contracts.

“It gives the ability for a builder to pass an increase in cost of materials on to the consumer,” Mr Stephens explained, adding it was common in other countries but Australia didn’t typically use them.

“What I would say to consumers is that’s not necessarily a negative thing because if the builders don’t put those clauses in they’ll have to put more contingency in to the price to protect themselves against potential increases.

“So rise and fall clauses are probably a good thing for consumers because it means they will only pay the cost of the increase rather than an inflated prediction of what increases might be, especially as we’re seeing evidence now that the increases will start to slow down next year.”

Factors contributing to the construction industry crisis

The construction industry is facing challenges so great that high-profile building companies are dropping like flies.

Mr Schiafone said fragmented supply chain issues were not resolved and labor shortages across the nation have continued as a result of the pandemic.

The consultancy’s report noted lead times for some products from overseas were currently

16 to 20 weeks, when traditionally they were half that at eight to 10 weeks.

Additionally, the need for construction labor and materials after recent flood damage will enhance existing shortages across the country, he said.

Mr Schiafone said higher fuel prices, increasing power costs and timber shortages were all symptoms of the war in Ukraine and were likely to linger for some time yet.

RLB global chairman Andrew Reynolds said significant cost escalation, global delivery uncertainty, aberrant weather events causing significant construction delays, and labor shortages were common challenges in the industry across the world.

Failed building companies

The latest company to collapse was prominent Melbourne apartment developer Caydon earlier this week, blaming “one difficult market situation after another”.

The next day, on Wednesday, ASX-listed developer Cedar Woods shelved a major inner-city Brisbane townhouse and apartment project due to rising costs and delays.

It came less than a week after Perth developer Sirona Urban killed off a $165 million luxury tower, where more than 50 per cent of apartments had been bought off the plan, blaming skyrocketing construction costs and labor shortages.

It was the second major apartment project to fall over in Australia last week.

A Melbourne developer, Central Equity, abandoned plans to build a $500 million apartment tower on the Gold Coast, blaming the crisis in the building industry and surging construction costs for making the project unprofitable.

Earlier this year, two major Australian construction companies, Gold Coast-based Condev and industry giant Probuild, went into liquidation.

The grim list has continued to grow from there as a number of other high-profile companies also collapsed, including Inside Out Construction, Dyldam Developments, Home Innovation Builders, ABG Group, New Sensation Homes, Next, Pindan, ABD Group and Pivotal Homes.

Others joined the list too including Solido Builders, Waterford Homes, Affordable Modular Homes and Statement Builders.

Then two Victorian building companies were further casualties of the crisis, having gone into liquidation at the end of June, with one homeowner having forked out $300,000 for a now half-built house.

Hotondo Homes Horsham, which was a franchisee of a national construction firm, collapsed a fortnight ago affecting 11 homeowners with $1.2 million in outstanding debt.

It is the second Hotondo Homes franchisee to go under this year, with its Hobart branch collapsing in January owing $1.3 million to creditors, according to a report from liquidator Revive Financial.

Meanwhile, a Sydney family face never being able to build their dream home after their builder Jada Group collapsed in March owing $2.4 million and the cost of their home’s construction jumped to $1.9 million, a whopping $800,000 more than the original quote.

Snowdon Developments was ordered into liquidation by the Supreme Court with 52 staff members, 550 homes and more than 250 creditors owed just under $18 million, although it was partially bought out less than 24 hours after going bust.

Dozens of homeowners and hundreds of tradies were left reeling after a Victorian building firm called Langford Jones Homes went into liquidation on July 4 owing $14.2 million to 300 creditors.

News.com.au also raised questions about NSW builder Willoughby Homes, which is under investigation by the Government after builds stalled and debts blew out to 90 days.

There are between 10,000 to 12,000 residential building companies in Australia undertaking new homes or large renovation projects, a figure estimated by the Association of Professional Builders.

– with Sarah Sharples

Read related topics:Cost Of Living

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