AU Wintergarden landlord ordered to pay claim
Property Here - Friday, June 21, 2013
A RETAILER whose business recorded a 60 per cent plunge in profit during the preliminary phase of the multi-million-dollar Wintergarden redevelopment has won a compensation claim against the centre's owner.
The Queensland Civil and Administration Tribunal has ordered landlord ISPT to pay $186,503 to the operators of Essensuals Gift & Homewares for losses incurred between December 1, 2008, and March 31, 2010.
Essensuals was in a tenancy on level 2 that was scheduled to be part of the Stage 2 redevelopment after the expiry of its lease.
However, the owners claimed that before work started on Stage 1 ISPT had appeared to be ``progressively closing down (the centre) and (it was) becoming a construction site'', affecting foot traffic.
They claimed ISPT's actions contravened the landlord's obligation to maintain the structure of the premises and the landlord's property in it.
ISPT denied the claim.
The tribunal agreed that maintenance of plant and equipment was minimised and long-term tenants were no longer being sought, making the centre less attractive.
It also said the lift upgrade "might have impacted more dramatically'' on Essensuals than the rest of the centre, as did core drilling.
"We find that ISPT's actions . . . the most probable cause for the applicants loss,'' the Tribunal said.
"Further, we find that Essensuals' decrease in turnover . . . is attributable to the decrease in foot traffic caused by the actions of ISPT.''
Read more: http://www.news.com.au/realestate/wintergarden-landlord-ordered-to-pay-claim/story-fncq3era-1226667439570#ixzz2Wrxi6jHc