Kevin’s Place suing for damages over allegations leaking toilet facilities caused the Mackay city restaurant’s permanent closure

The liquid smelled of cleaning product and leaked through the ceiling, down the walls, through light fixtures and into the popular Mackay restaurant.

Kevin's Place owner Kelly Ah Wang ‘decided to cease operating the business’ after the second leak incident and has not traded since. Photo: Lee Constable

Reasons behind the shock closure of a Mackay dining institution can finally be revealed as the popular city centre eatery sues for damages.

Stalwart restaurant Kevin’s Place – on the corner of Victoria and Wood Sts – shuttered in August 2019 with no indication of when it may reopen.

But documents filed in the district court allege the business was effectively forced to close after “defective” toilet facilities located on the floor above, and used by an adjacent restaurant, damaged the property and sparked a public health concern.

Now Kevin’s Place is suing Hamamas (Australia) Pty Ltd and Hamamas Haus Pty Ltd, for a yet to be determined figure for negligence or nuisance over the loss of her business.

The closure is linked to two events on about April 25 and July 7, 2019 when a large quantity of liquid allegedly flowed from the toilet facilities into Kevin’s Place.

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Hamamas (Australia) Pty Ltd owns property that includes part of the first floor of the building that houses Kevin’s Place, and houses toilet facilities Hog’s Breath Cafe customers use.

The toilet facilities are on the floor directly above the restaurant’s kitchen area.

Documents alleged the liquid, which smelled of cleaning product and was foaming, leaked through the ceiling, down the walls, through light fixtures and into the kitchen, storage area, toilets and restaurant area of Kevin’s Place.

A statement of claim alleged it occurred “because of a defect or leak”.

After the second leak, owner Kelly Ah Wang “decided to cease operating the business” from August 17, 2019 and has not traded since this date.

Ms Ah Wang was concerned that continuing to run her business “would pose a risk to the health and safety of (her) employees and to members of the public”.

Kevin’s Place owner Kelly Ah Wang was concerned the leaking toilet facilities on the floor above were a health and safety risk for her staff and customers. Picture: Peter Holt / Daily Mercury

Mackay Regional Council environmental health team leader Andrew McDonald inspected the venue on September 2, 2019 – four days later he told Ms Ah Wang “there was sufficient cause for the business to remain closed”.

“He believed that there was a potential public health risk associated with the liquid which had flowed into the … premises,” the statement read.

This occurred just over 12 months after Ms Ah Wang exercised her option to extend the lease for Kevin’s Place another five years – from June 30, 2018 to June 30, 2023 – a lease for which she is still currently obligated to uphold.

The claim states in about mid 2020 the lessor of the Kevin’s Place premises began remedial works to fix the water damage that “have not been completed”.

It is alleged if and when Kevin’s Place was able to open, more than $200,000 would be needed to restart the business.

Kevin’s Place is suing for negligence or alternatively nuisance on the ground it was “reasonably foreseeable” that any leak could flow into the lower venue and cause damage to the extent that the business would have to cease trading.

It is further alleged Hamamas (Australia) Pty Ltd and Hamamas Haus Pty Ltd had a duty of care to ensure large volumes of water did not flow into Kevin’s Place and that the toilet facility was “adequately maintained and kept in a state of good repair and free from leaks”.

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The claim stated at the time of the July leak, Ms Ah Wang was preparing to sell the restaurant and “is not able to sell the business because it no longer exists”.

“(Ms Ah Wang) has lost the entirety of the value of the business,” the claim stated.

It is alleged the two leak events caused physical damage to the venue, were “wrongful” and were “substantial and unreasonable interferences” with Kevin’s Place.

“The leaks caused the Mackay Regional Council to advise (Ms Ah Wang) to cease operating the business for health reasons,” the statement read.

The claim stated the value of the loss was “a matter for expert evidence”.