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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

Major government landlord vs Retail News Agency

Post Series: Breach of Quiet Use - quantum and causation
  • 1.Major government landlord vs Retail News Agency

State/Jurisdiction:

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

How Settled:

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.

Comments:

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?

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