State/Jurisdiction: D & M Pelle Holdings Pty Ltd v Cottrell Pty Ltd (No 2) …
State/Jurisdiction: Western Australia Supreme Court
Complexity: 8.5 / 10
Parties to Dispute:
Plaintiff: Jascot Lodge No 3 Pty Ltd, t/a Shearers Menswear, Garden City Booragoon Shopping Centre, City of Melville, Perth and AMP Life Ltd
Type of Dispute:
Alleged Breach of ‘Quiet Use & Enjoyment’ of Lease
Description of Dispute: Shopping centre management leased the space in front of the menswear shop to a juice bar. Reduce visibility of shop within the centre, set up a ‘clash of cultures’ between shop’s client base and the groups of teenagers. Plaintiff alleged crowding’ access and egress, swearing, spilling drinks, etc.
Centre management failed to address and correct this breach of quiet use and enjoyment and thereby frustrated the lease.
Both parties represented by established law firms.
We were retained as a Specialist Retail Valuer to:
- Peer-review our PhD Accountant’s Expert’s report to determine whether the calculations of loss were sound and reasonable (a forensic accounting exercise);
- Analyse and respond to Defendant’s Expert;
- Using forensic analysis, Don was able to reduce the 38,000 figures used in support of the Plaintiff’s case to a single, half-page table that clearly isolated causal factors from inconsequential ones and showed the losses related to them;
- Establish and detail causal links between actions of Defendant and losses of Plaintiff.
Settlement reached at mediation based on the strength of Don’s single report.