Mario Esera

Partner | Brisbane

Mario is a Partner in our Litigation team. He has practiced law since 2004, including in New Zealand and the United Kingdom.

Mario’s main area of expertise is in relation to body corporate law, having specialised in that area since 2011. Mario has been a member of the Australian College of Strata Lawyers and the Strata Community Association of Queensland for several years, and often appears as a guest speaker at their annual conferences.

Mario primarily acts for bodies corporate, lot owners, property developers, management rights holders and body corporate managers. He typically assists them with management rights disputes, building defects, levy recoveries, by-law enforcement, varying or reassigning agreements, scheme termination, and legislative compliance. Mario also assists with commercial lease disputes, acting for both tenants and landlords.

Expertise

Experience

  • Beachside Yaroomba Land Pty Ltd Acted in the Supreme Court at Brisbane against the Body Corporate for Coolum Beachside CTS 38537 in relation to development dispute over the creation of up to 450 new residential lots on the Sunshine Coast. The dispute successfully settled at mediation.
  • 66 Hope Street Pty Ltd Acted in the Supreme Court at Brisbane against the Body Corporate for Art.House South Brisbane CTS 50044 in relation to an encroachment that was obstructing the development of a 30-storey residential dwelling with 194 new residential lots. The dispute was successfully settled. The 30-storey residential dwelling was promptly completed and is now known as Upper House.
  • Body Corporate for QUBE Broadbeach CTS 52229 Acted in the Supreme Court at Brisbane against a single lot owner and successfully recovered over $100,000.00 in unpaid levies, recovery costs, penalty interest and court costs.
  • Body Corporate for Addison Quays CTS 46485 Acted in the Supreme Court at Brisbane and successfully opposed an application made by 12 separate applicants to prevent the demolition of a marina. The decision can be reviewed at: Petire Investments Pty Ltd & Ors v Body Corporate for Addison Quays Community Title Scheme 46485 [2022] QSC 162.
  • Outrigger [2023] QBCCMCmr 207 Successfully acted for the Respondent against three Applicant lot owners that wanted to prevent the Respondent from carrying out renovations and improvements to his lot. Had the Applicants been successful, the Respondent would have suffered loss of about $550,000.00. The Applicants lost and the Respondent was allowed to complete his renovations and improvements without further interference.
  • Redman v The Proprietors – Fairway Island GTP 107328[2020] QDC 68 Acted in the District Court at Brisbane for 2 lot owners that sought to prevent the creation and enforcement of a by-law that restricted short-term letting. The decision was significant because it (arguably) means that all Bodies Corporate in Queensland can lawfully prohibit the letting the lots for less than 1 month, provided this is approved at a general meeting by special resolution.
  • Clinton Ross Haddon and Eva Kot Acted as trustees under instruments 716406828 and 717202530 in District Court at Brisbane against 3 Defendants and successfully obtained default judgment worth more than $245,000.00 for unpaid rent under a lease, including penalty interest and costs. Obtaining default judgment was complicated by the Defendants routinely evading service and having to obtain orders for substituted service.