Shopping centre management leased the space in front of the menswear shop to a juice bar. Not only did this reduce the visibility of the shop within the centre, it also set up a ‘clash of cultures’ between the shop’s client base and the groups of teenagers who frequented the juice bar and who Plaintiff alleged were‘crowding’ access and egress to the store, swearing, spilling drinks, etc.
Matter referred from Queensland Tribunal to District Court.
state/Jurisdiction:Matter referred from Queensland Tribunal to District Court.
Outgoings dispute for landlord. Complexity: 7.5/10
Parties to Dispute: Landlord/tenant legally represented.
Instruction: provide forensic analysis and expert’s report for outgoings dispute.
Type of Dispute: Alleged Breach of ‘Quiet Use & Enjoyment’ of Lease
Description of Dispute: Complex forensic report for outgoings dispute.Quantum not significant. Action needed to prevent further claims.
How Settled: Settlement reached at mediation based on the strength of Don’s single report
Settled before hearing by legal representatives.Expert’s report was the sole opinion used as reference point.
Comments
surprise referral to District Court from QCAT. QCAT could easily have appointed appropriate expert and had jurisdiction to hear matter.