Mario Esera

Mario is a Partner in our Litigation team and has a wide range of experience in all areas of commercial litigation, having worked and practiced not only in Queensland, but also New Zealand and the United Kingdom.

Mario’s main practice areas are in relation to body corporate law and commercial lease disputes.

Mario acts almost exclusively for bodies corporate. He typically assists them with management rights disputes, building defect claims, levy recoveries, by-law enforcement, and varying or reassigning management rights agreements.

For commercial lease disputes, Mario acts for both lessors and lessees. He typically assists with breach notices, termination disputes, “make good” claims and demands to recover unpaid rent.

Mario frequently appears in all Queensland Courts and the Queensland Civil and Administrative Tribunal (QCAT), including as a solicitor advocate, as well as before the Office of the Commissioner for Body Corporate and Community Management.

Experience

Mario’s experience includes advising:

  • Body Corporate for Brighton on Broadwater Dune in the Supreme Court at Brisbane in respect of a $1 million building defect claim that was comprised of more than 750 building defects. All defects were satisfactorily rectified and the proceedings were discontinued;
  • Commercial landlord in the District Court at Brisbane in respect of a $260,000.00 “make good” claim. The dispute was successfully settled shortly before trial;
  • Body Corporate for Nobbys Outlook in the District Court at Brisbane in respect of a termination order. The termination order was made and was the first of its kind ever made in Body Corporate history; and
  • Proprietors of Cathedral Village Body Corporate in the Magistrates Court at Brisbane and successfully obtained orders to recover over $115,000.00 in unpaid levies from a single lot owner, including costs on the indemnity basis.

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