5 days ago
Millionaires' war escalates after homeowner complains about size of his neighbours' boat
A Gold Coast man has lost a bid to join a tribunal case against his neighbours over the size of their boat and pontoon years into a bitter feud.
Queensland Civil and Administrative Tribunal senior member Danielle Brown handed down the decision in April, which was published online on Wednesday.
Maxwell Leslie, who owns a home in the luxury gated community Sanctuary Cove, was unsuccessful in his application to join proceedings against his neighbours.
The body corporate of the gated community on Hope Island initiated the proceedings against Robert and Janice Buttner, based on complaints raised by Mr Leslie.
They concerned the construction of a new pontoon, a boat Me Leslie claimed was larger than agreed upon and a ground floor window he said obstructed his privacy.
Mr Leslie sought to be joined as a party to the proceedings given, arguing that he had brought the complaint to the body corporate in the first place.
In refusing his application, Ms Brown decided Mr Leslie's addition would broaden the scope of disputed issues, given his fraught relationship with the Buttners.
The Buttners, who founded the Australian Security Company, purchased their four bedroom, five bathroom mansion for $3.1m in December 2020, the Courier Mail reported.
Mr Leslie purchased his adjoining property for $2.875m 11 years earlier.
The relationship between Mr Leslie and the Buttners soured after he sought unsuccessfully to halt their plans to raise the level of their rear terrace in 2022.
Ms Brown accepted Mr Leslie had acted 'unreasonably' in the earlier proceedings and believed he would attempt to 'relitigate' those issues in the present proceedings.
In reaching her decision, she cited claims by the body corporate that the relationship between the Buttners and Mr Leslie was antagonistic.
'The applicant says there is a long history of antagonism between the respondents and Mr Leslie,' Ms Brown wrote.
'Again, this tends to suggest that, aside [from] the terrace works, the issues in dispute between the respondents and Mr Leslie are not confined to those issues the subject of the present proceedings.'
Mr Leslie argued he ought to be added as a party, arguing that he was a 'driving force' behind the body corporate's decision to initiate the proceedings.
He also argued his addition would not add to the complexity of the proceedings and would prevent the need to commence separate proceedings against the Buttners.
The couple argued there was no reason for Mr Leslie to join the proceedings, given he may still appear as a witness.
They also argued the pontoon did not affect Mr Leslie's interest in his property given it was far away enough from his property.
Also that Mr Leslie had obscured his view of the disputed window by erecting a screen on the border between the properties.
Ms Brown accepted the proceedings would become unnecessarily 'prolonged and disputative' should Mr Leslie be joined, increasing its costs and duration.
Ms Brown also suggested the interests of the body corporate and Mr Leslie were not necessarily aligned.
'The joiner of Mr Leslie will, perhaps considerably, expand the scope of the issues in dispute in the proceeding with the results to which I have referred,' she wrote.
'Added to this are the adverse findings made by Cooper J regarding Mr Leslie's conduct and the less than amicable relationship between Mr Leslie and the respondents which it seems to me are likely to impact upon the conduct of the proceeding if Mr Leslie is joined as an applicant.'
Daily Mail Australia contacted Mr Leslie and the Buttners for comment.
Sanctuary Cove is a sought after postcode, which boasts an Intercontinental Hotel, a golf course, marina, a shopping centre and a range of dining and entertainment venues.
