Mladen Ninkov sets Martin Bennett onto Alan McKail | Australian Markets

High-flying company promoter Mladen Ninkov is attempting to drive his new Dalkeith neighbour Alan McKail to take away a pool and patio in-built alleged breach of a land title restriction.

The scrapping neighbours had been within the WA Supreme Court on Tuesday with their legal groups arguing the destiny of Mr McKail’s mid-2024 yard works.

Mr McKail paid $3.9 million in November 2023 for his Tuscan-styled home property. It is instantly under Mr Ninkov’s long-time residence as Waratah Place descends from Victoria Avenue to the Swan River.

Mr Ninkov launched the legal motion in October final 12 months, after most of the work had been accomplished by Mr McKail with the help of his associate Leonie Gardiner and stepson Ben Gardiner.

Mr Ninkov gave proof in assist of his utility on Tuesday.

He was challenged by Mr McKail’s barrister Grant Donaldson about his recollection of when he spoke to his new neighbours in April final 12 months and why he didn’t give them a friendlier welcome to Dalkeith.

“You don’t just turn up at the front door with a bottle of champagne,” Mr Ninkov mentioned.

Mr Ninkov claims to have had a restrictive covenant over the decrease property since 1996.

The covenant allegedly requires the proprietor of Mr McKail’s property to hunt Mr Ninkov’s permission for any works that increase the home’s top or create new yard constructions.

Mr Ninkov sought advice from his long-time lawyer Martin Bennett on April 9 about his restrictive covenant. A response he acquired from Mr Bennett that evening and about 30 different paperwork are subject to claims of legal privilege.

Mr Ninkov mentioned he sought advice from Mr Bennett as a result of he was apprehensive about “what they were going to do with the area”.

“These are expensive properties where you want to protect your amenities,” he mentioned.

“There was no harm to check the restrictive covenant to see what it covers me for.”

When Mr Donaldson requested why he didn’t raise the restrictive covenant together with his neighbours final April, Mr Ninkov mentioned: “I always found that if you bring up legal matters, it does not engender good relationships with neighbours.”

He flew abroad in early May 2024 for work throughout Europe and China, and didn’t return to Perth till early October. The listening to continues on Wednesday.