skip to Main Content

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

Essentials vs ISPT Wintergarden Shopping Centre

State/Jurisdiction: QCAT

Complexity: 8.5 / 10

Parties to Dispute:

Plaintiff: QCAT 033 – 11 Nobilio & Christodoulou t/a Essentials vs ISPT Pty Ltd https://www.sclqld.org.au/caselaw/QCAT/2013/206

Type of Dispute:

Alleged Breach of ‘Quiet Use & Enjoyment’ of Lease
Description of Dispute: Significant disruption in Wintergarden Shopping Centre. Reduce visibility of shop due to kiosk.

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.

Instructions:

  1. Provide detailed report to consider “wider market influences on the business” i.e. isolate causation factors back to the alleged dispute; and
  2. Evaluate “reasonable loss” for purpose of breach of lease.

We were retained as a Specialist Retail Valuer to:

  1. Evaluate “reasonable loss” in this matter (a forensic accounting exercise);
  2. Ferrier Hodgson were respondents; they copied our methodology and made miniscule changes in assumptions and presented slightly different outcomes;
  3. All our work paralleled the Applicant’s Chartered Accountants, Bentleys work;
  4. The Respondents has a major Melbourne firm who sought to neutralise the Tenant’s claim;
  5. My forensic evaluation was that the Shopping Centre Council has to be tipping money into the defence and that there had to be collusion between the Defendant’s Experts;
  6. Notwithstanding that Tribunal favoured Ferrier Hodgson’s calculations, based on our methodology subject to minor changes and the Tribunal made slightly different assumptions aka time-lines.

How Settled:

Highest decision ever in Retail Shop Leases Tribunal; but the kudos was awarded to Ferrier Hodgson. We have zero time for these shenanigans which seems to be embedded into our legal system in Queensland.

Back To Top