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Don E Gilbert

With 30 years of hands-on experience in multiple facets of the property industry, the last 20 focused on retail dynamics, including retail shop leases, retail property valuation and current market rent, Don is an experienced retail leasing consultant.

  • Australian Lease & Property Consultants Pty Ltd
  • B Com/B Econ; Dip Prop Val; Cert Med & Arbit.
  • CPV; MRICS
    (RICS accredited valuer expert and arbitrator; Firm Regulated by RICS)
  • Specialist Retail Valuer & Arbitrator
  • Accredited across Australia

Get In Touch

Email: dongilbert@auslease.com.au
Phone: +61 1300 413 789
Phone: +61 (0)40963 4223
Address: Mitchelton, Brisbane, QLD 4053, Australia

Our Location

Hayley Lewis Swim School vs Lend Lease Real Estate

State/Jurisdiction:

Did not go to court (Potential Tribunal/Supreme Court).

Complexity: 7.0/10

Parties to Dispute:

Taytom Pty Ltd, trading as Hayley Lewis Swim School vs Lend Lease Real Estate Investments Limited and Westfield Management Limited both represented by major law firms.

Instruction:

Undertake forensic evaluation from business records (Annual Financial Statements) to provide opinion of losses.

Type of Dispute:

Unintended misrepresentation. High profile former Olympian and major A-REIT.

Description of Dispute:

Unintended misrepresentation;

  • Consequential breach of quiet use;
  • Plus potential damage to personal “brand”, beyond lease term plus damage to passive income, i.e. product endorsements, etc. had not been considered law firm.

How Settled:

Potential for major claim with adverse publicity, etc.

Expert’s report was the sole opinion. to settle dispute without legal representatives. Legal representatives used to draw up “settlement contract”.

Comments:

Confidentially the Respondents national representative complimented single expert’s report for being extremely through and clear. Losses within lease term $220,000, loss to personal brand $950,000 beyond lease term.

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