PARTIES/LEGAL REPRESENTATION/ TYPE OF DISPUTE The inquiry was with regard to the selling price of a shopping centre. The purchaser wanted to know what one might offer as “fair value” on the property DESCRIPTION OF DISPUTE The asking price was…
PARTIES/LEGAL REPRESENTATION/ TYPE OF DISPUTE Both parties legally represented INSTRUCTION: Provide expert’s report about losses sustained for breach of quiet use and enjoyment, i.e. forensic accounting exercise from business records. Another expert’s report is required from an AAAPC member with regard…
PARTIES/LEGAL REPRESENTATION/ TYPE OF DISPUTE Tenant legally represented. INSTRUCTION: Prepare submission to determining valuer for Tenant. DESCRIPTION OF DISPUTE Tenant paying $145,000. Landlord sought $220,000 + on exercise of option but was willing to “settle” at $195,000 There was no evidence…
PARTIES/LEGAL REPRESENTATION/ TYPE OF DISPUTE INSTRUCTION: Prepare submission to determining valuer for Tenant Excellent example of NSW and Administrative Decisions Tribunal (‘ADT’) appointment of expert Specialist Retail Valuer working to settle dispute. In the process, the operation of the market between…
PARTIES/LEGAL REPRESENTATION/ TYPE OF DISPUTE Both parties legally represented INSTRUCTION: Provide expert’s report about losses sustained for breach of quiet use and enjoyment, i.e. forensic accounting exercise DESCRIPTION OF DISPUTE Landlord allegedly breached quiet use and enjoyment over sustained period How…
PARTIES/LEGAL REPRESENTATION/ TYPE OF DISPUTE Joint appointment by parties’ legal representatives INSTRUCTION: DESCRIPTION OF DISPUTE Dispute about the “market rent” for 5-year option How it was settled Entered into joint agreement with landlord and tenant to settle dispute. Settled other…
PARTIES/LEGAL REPRESENTATION/ TYPE OF DISPUTE Both parties legally represented by established law firms. INSTRUCTION: Establish current market rent for highly specific use (sporting facility) DESCRIPTION OF DISPUTE Current rent was approximately $215,000. On exercising option proposed, rent was over $220,000…
PARTIES/LEGAL REPRESENTATION/ TYPE OF DISPUTE Major Queensland Government Superannuation fund and clothing outlet. Parties legally represented for quiet use dispute INSTRUCTION: Experts report for calculating loss; experts report of current market rent for new “take-it-or-leave-it” lease terms; further report as…
PARTIES/LEGAL REPRESENTATION/ TYPE OF DISPUTE Both parties legally represented by established law firms. Reasonably large retail chain store and major A-REIT INSTRUCTION: Telephone inquiry: volunteer advice in regard to loss 1. Peer review Plaintiff’s expert (a PhD qualified accountant) and…
PARTIES/LEGAL REPRESENTATION/ TYPE OF DISPUTE In D & M Pelle Holdings Pty Ltd v Cottrell Pty Ltd (No 2) [2005] ACTSC 82 (29 August 2005).Experienced Canberra retailer’s lease breached which would significantly damage Intangible Asset Value of good flexible lease…