the Lease Police

29/06/2009
Fed Court Order Against Melb Landlord

The Federal Court has ordered a Melbourne retail landlord to compensate four tenants after it engaged in unconscionable, misleading and deceptive conduct.

The court declared Dukemaster engaged in unconscionable conduct, misleading and deceptive conduct and made false representations. It also declared Dukemaster's GM of the Paramount Centre, Patricia Wong, was involved in Dukemaster's contravening conduct.

The ACCC alleged Dukemaster, landlord of retail outlets in the Paramount Centre (Bourke Street), engaged in unconscionable conduct by taking unfair advantage of its stronger bargaining position, exerting undue pressure and using unfair tactics against four tenants in connection with their leases.

It said Dukemaster represented to tenants that it believed rental it proposed was very reasonable and below the market value when in fact this was not the case and that the company did not have a reasonable basis for such a belief.

Justice Michelle Gordon said what had occurred was not a negotiation but an ultimatum the tenant had no choice but to accept the rental amount Dukemaster proposed.

In addition to the declarations of contravention of the Act, the court made orders including injunctions restraining Dukemaster for a period of three years from engaging in similar conduct and an order that Dukemaster and Wong pay compensation to the tenants in excess of $275,000 for their loss and damage suffered as a result of the contravening conduct.

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21/09/2009
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29/06/2009
Fed Court Order Against Melb Landlord
The Federal Court has ordered a Melbourne retail landlord to compensate four tenants after it engaged in unconscionable, misleading and deceptive conduct. The court declared Dukemaster engaged in.......

13/01/2009
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SHOPPING centre owners are offering to slash rents for struggling retailers to help them stay afloat rather than risk being left with rows of empty shops. Shopping Centre Council of.......

23/01/2008
Watch Your Space !!!
Westfield settles on dispute over 2.7sq m Author: Tina Perinotto Date: 19/02/2003 20:25:45 Words: 580 Publication: The Australian Financial Review Section: Property Source: AFR The area.......

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29/06/2009 Fed Court Order Against Melb Landlord The Federal Court has ordered a Melbourne retail landlord to compensate four tenants after it engaged in unconscionable, misleading and deceptive conduct. The court declared Dukemaster engaged in unconscionable conduct, misleading and deceptive conduct and made false representations. It also declared Dukemaster's GM of the Paramount Centre, Patricia Wong, was involved in Dukemaster's contravening conduct. The ACCC alleged Dukemaster, landlord of retail outlets in the Paramount Centre (Bourke Street), engaged in unconscionable conduct by taking unfair advantage of its stronger bargaining position, exerting undue pressure and using unfair tactics against four tenants in connection with their leases. It said Dukemaster represented to tenants that it believed rental it proposed was very reasonable and below the market value when in fact this was not the case and that the company did not have a reasonable basis for such a belief. Justice Michelle Gordon said what had occurred was not a negotiation but an ultimatum the tenant had no choice but to accept the rental amount Dukemaster proposed. In addition to the declarations of contravention of the Act, the court made orders including injunctions restraining Dukemaster for a period of three years from engaging in similar conduct and an order that Dukemaster and Wong pay compensation to the tenants in excess of $275,000 for their loss and damage suffered as a result of the contravening conduct. 13/08/2010 Christo's Cafe Soldier on!! Cafe wins relief in Pitt Street row KELSEY MUNRO URBAN AFFAIRS August 13, 2010 Renovation row ... John Sophios says his cafe's business has fallen by up to 30 per cent. Photo: Ben....... 11/08/2010 Westfield Sore Losers !!! Media Release – Christos Café versus Westfield, Sydney City (Part 3) Christos Café of Sydney is seeking 100s thousands in damages from Westfield for the impact the....... 23/06/2010 COMPO AWARD AGAINST GPT Retail giant GPT has been ordered to compensate the owners of a Charlestown Square shop whose business took a hit from work on the centre's $470 million redevelopment. Theodoulos and Lenia Nicolaou....... 30/04/2010 MCC no regard for Small Business Bourke St cafe tenancy dispute boils over 29 Apr 10 @ 07:00am by Hamish Heard MELBOURNE Council faces a compensation claim after it ignored thousands of petitioners and booted a popular....... 04/03/2010 Shopping Centres Seek to Ban Politicians On 27th January this year in what can only be described as a slow news day Melbourne's Herald Sun newspaper front page headline read as follows... "EXCLUSIVE: Shopping Centres want....... 21/09/2009 Westfield and Tiffany & Co don't see eye to eye Breakfast at Tiffany's may have been Audrey Hepburns idea of a classy start to the day but Austraila's shopping centre giant Westfield has upset the high end retailer as the following report....... 29/06/2009 Fed Court Order Against Melb Landlord The Federal Court has ordered a Melbourne retail landlord to compensate four tenants after it engaged in unconscionable, misleading and deceptive conduct. The court declared Dukemaster engaged in....... 13/01/2009 Tough Times Force Shopping Centres to lower rents SHOPPING centre owners are offering to slash rents for struggling retailers to help them stay afloat rather than risk being left with rows of empty shops. Shopping Centre Council of....... 23/01/2008 Watch Your Space !!! Westfield settles on dispute over 2.7sq m Author: Tina Perinotto Date: 19/02/2003 20:25:45 Words: 580 Publication: The Australian Financial Review Section: Property Source: AFR The area.......


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