State/Jurisdiction: D & M Pelle Holdings Pty Ltd v Cottrell Pty Ltd (No 2) …
1. Major government landlord vs Retail News Agency
QCAT (Old Retail Shop Leases Tribunal) Southbank Corporation and newsagent Breach of lease quiet use and enjoyment
Parties to Dispute:
Major government landlord and retail news agency. Tenant represented themselves. Telephone inquiry: volunteer advice in regard to loss.
Description of Dispute:
Breach of quiet use and enjoyment
During a 45 minute telephone conversation, we advised proprietor he had a probable claim, and losses were $60,000. He used methodology suggested, backed up with financial records. Decision was made in favour of Applicant for the amount claimed.
The Applicant used our advice and methodology. It begs the following questions: Why does QCAT fail to award claims for higher amounts? Why does QCAT subsidise one party’s case invariably Landlord capital? Why does QCAT continue to personalise matters instead of being objective? Why does QCAT hide or not give credit to the person whose expertise they are relying on to make their decisions?