Mladen Ninkov sets Martin Bennett onto Alan McKail as Grant Donaldson attacks Dalkeith welcome

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Mladen Ninkov sets Martin Bennett onto Alan McKail as Grant Donaldson attacks Dalkeith welcome

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

The scrapping neighbours were in the WA Supreme Court on Tuesday with their legal teams arguing the fate of Mr McKail’s mid-2024 backyard works.

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

Mr Ninkov launched the legal action in October last year, after most of the work had been completed by Mr McKail with the help of his partner Leonie Gardner and stepson Ben Gardner.

Mr Ninkov gave evidence in support of his application 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 last year and why he did not give them a friendlier welcome to Dalkeith.

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

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

The covenant allegedly requires the owner of Mr McKail’s property to seek Mr Ninkov’s permission for any works that increase the house’s height or create new backyard structures.

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

Mr Ninkov said he sought advice from Mr Bennett because he was worried about “what they were going to do with the area”.

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

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

When Mr Donaldson asked why he did not raise the restrictive covenant with his neighbours last April, Mr Ninkov said: “I always found that if you bring up legal matters, it does not engender good relationships with neighbours.”

He flew overseas in early May 2024 for work across Europe and China, and did not return to Perth until early October. The hearing continues on Wednesday.

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