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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

Tribunal matter

PARTIES/LEGAL REPRESENTATION/ TYPE OF DISPUTE

Both parties legally represented

INSTRUCTION: Provide expert’s report about losses sustained for breach of quiet use and enjoyment, i.e. forensic accounting exercise from business records.

Another expert’s report is required from an AAAPC member with regard to causation

DESCRIPTION OF DISPUTE

 The matter was settled at mediation, negotiated between the parties and their legal advisors.

How it was settled

The claim was in regard to an alleged breach of quiet use and enjoyment. Losses were calculated at or about the Tribunal limit

Owing to the nature of the dispute, a second claim would have been inevitable.

The parties foreshadowed that there would be a further claim, and possibly a third one during mediation.

I am told all three were settled, at above the limit of the Tribunal (subject to confidentiality). In effect it was a reasonable outcome for all the parties and was a mature way to handle and settle the dispute.

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