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Cherry Burger, Aces Pizza sued over claims of non-payment

Two popular eateries are being chased for more than half a million dollars over claims they failed to pay for the construction of new fit-outs.

Cherry Burger at Colonnades. Adelaide
Cherry Burger at Colonnades. Adelaide

Prominent hospitality operator James Hillier is at the centre of new claims that two popular Adelaide venues failed to pay for building work worth more than half a million dollars.

National construction firm FDC is suing Mr Hillier’s Cherry Burger outlet at Colonnades for more than $250,000 after completing fit-out work at the premises from July to October of 2019.

In its statement of claim filed in the District Court, FDC says it completed more than $435,000 worth of work in the diner but was paid only a little more than $200,000.

FDC was granted a default judgment for the outstanding amount plus interest, totalling $254,218.84, on January 21.

Cherry Burger owner James Hillier. Picture: Supplied
Cherry Burger owner James Hillier. Picture: Supplied

In a separate matter, the company claims Adelaide Central Market venue Aces Pizza & Liquor failed to make two payments for fit-out works completed during a refurbishment of the venue in 2019.

According to a separate statement of claim, FDC says it served two requests for payment in November 2019 and March 2020, totalling $438,775.85, but received only a part payment of $105,693.65, leaving it $333,082.20 short.

Mr Hillier was a director of Aces until his resignation in May 2020, when he sold out of his 20 per cent share in the business which is run by the Fantasia family.

Mr Hillier, who has interests in a string of popular Adelaide venues including Golden Boy and Africola, said he was in negotiations with FDC about the Cherry Burger claims, and was “hopeful it will resolve very shortly”.

Cherry Burger in Noarlunga Centre. Picture: Tom Huntley
Cherry Burger in Noarlunga Centre. Picture: Tom Huntley

Retro American-style diner Cherry Burger opened in October 2019 with a local produce-driven menu including a range of burgers, fries, shakes and beloved ice cream brand AMSCOL.

Meanwhile Aces, a Central Market institution, unveiled its revamped bistro space in December 2019 after 26 years in the market precinct.

Original parquet floors and a solid wood bar were restored, while new booth seating, 80s style chairs and neon signs were installed to create an American-Italian vibe.

The new interior of Aces Pizza & Liquor. Picture: Brad Fleet
The new interior of Aces Pizza & Liquor. Picture: Brad Fleet

Earlier this year it was revealed Mr Hillier was suing his sister Victoria Martin in the Federal Court, over claims he was unfairly cut out of the popular Nordburger chain which has four restaurants across Adelaide. That case is scheduled for a five-day hearing before Justice Natalie Charlesworth in June this year.

A spokesman for Aces Pizza & Liquor said the company disputed FDC’s claims.

FDC declined to comment.

Original URL: https://www.adelaidenow.com.au/business/cherry-burger-aces-pizza-sued-over-claims-of-nonpayment/news-story/b49f5020f3218654f97d9d0ff880a5bb