Manly NRL players Tom and Jake Trbojevic, and their parents Melissa and John, are in a NSW Supreme Court skirmish with a developer over their thwarted off-the-plan purchases.
They had bought off-the-plan into the Mimosa project at Warriewood on the northern beaches.
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The sales marketing by the Knowles Group began in 2020 for the residential development of the 43-lot three-storey Warriewood Rd site, which was then costed at $31m. Completion was forecast for 2022.
The Trbojevics and their fellow purchasers claim the Knowles Group has acted unreasonably in not proceeding to completion after its builder exited the project in 2022.
The project’s completion sunset clause occurred in June 2023 with the NSW 2015 Conveyancing Act providing some remedy for purchasers after its expiry, but only through legal action.
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The case in the civil court against the Melbourne-based J & G Knowles and Associates Pty Ltd, as trustee for the Knowles Investment Unit Trust, goes before Justice Elisabeth Peden for directions on September 6.
Some 23 purchasers participated in failed mediation last year.
The Trbojevics’ parents were intent on buying a $1.795m townhouse
“It has definitely felt like we were misled,” Tom Trbojevic has alleged.
“We’re disappointed. Jake and I are OK if this doesn’t go ahead because we’re very lucky to do what we do, but I really feel for our parents,” Trbojevic told the Nine financial press.
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“This was their opportunity to move out of the family home, downsize, and now that’s been taken away from them. Now, with rising housing prices, they don’t have the capacity to do so to the same extent, which is really disappointing.”
The Knowles Group sales team advised they would not be commenting.