Aventus Pty Ltd application for owed unpaid fees dismissed in QCAT matter

The landlord of a collapsed Sunshine Coast supermarket and cafe in a major shopping hub has aired explosive claims of being owed more than $270k by its former tenants as the matter spills into the public arena.

Sunshine Homemaker Centre, Maroochydore, in 2022. Photo: Google Maps

The landlord of a collapsed Maroochydore supermarket and cafe has lost an appeal for more than $270,000 it claimed it was owed by its former tenants.

BP Foods Pty Ltd were accused in the Queensland Civil and Administrative Tribunal of incurring more than $277,000 of damages to landlord Aventus Sunshine Coast Pty Ltd.

Rudi Snyman was named in the documents as a cross-respondent, and Adele Snyman was listed in Australian Securities and Investments Commission (ASIC) documents as a company member.

The tribunal documents stated Aventus accused BP of skipping several months’ rent and incurring centre expenses and breaching its lease agreement.

The tribunal documents stated BP, which entered into a fixed-term seven-year lease agreement with their landlord on February 26, 2019, was issued a breach notice on February 20, 2020, for the unpaid fees.

This included $38,574.86 of rent from December 2019 to February 2020, $4877.90 in centre expenses for January and February 2020, a $1500 marketing levy for December 2019 to February 2020 and additional GST of $4495.30.

BP had paid Aventus a bank guarantee totalling $128,205, which Aventus then subtracted from money owed in March 2020.

The documents stated BP also filed a shop lease dispute against its landlords in the same month and Mrs Snyman went bankrupt in August 2020.

Aventus filed a counter application to the shop lease dispute on March 29, 2021 and BP’s claim was struck out by a tribunal on March 14, 2023 — leaving the landlord’s claim it was owed the money by its former tenants.

The documents stated BP Foods Pty Ltd was wound up in liquidation in October 2023.

Aventus filed for a net figure of $277,101.75 in damages and costs, along with interest and tribunal costs.

This was after applying the $128,205 bank guarantee.

The documents stated Aventus presented a spreadsheet to the tribunal showing outstanding fees and credit owed as well as invoices.

But the documents stated Aventus failed to show evidence of lessening their loss, when the site was relet and to what cost or loss and proof shop refits were undertaken.

The documents stated that while Aventus was contractually obliged to receive compensation from their tenants, they could not prove their claim and the counter application was then dismissed.

Mrs Snyman, on behalf of BP, has been contacted for comment.