Bitter dispute ends with closure of popular restaurant

A favourite haunt of foodies has closed after long-running disputes over fire safety, floor space and tenancy issues.

MOVING ON: Wahoo Seafood Restaurant owner John Siljuk is looking to the future after 17 years in business in Peregian Beach. Picture: John McCutcheon

A FAVOURITE haunt of Peregian Beach foodies has closed after long-running disputes over fire safety, floor space and tenancy issues.

The landlord, Ralph Rogers Marketing and Promotions Pty Ltd, directed by Ralph Rogers, and the tenants, Jonic Pty Ltd, operated by John Siljuk and his wife Nicole, reached an out of court settlement just days before their dispute was due to be heard in Maroochydore District Court.

As part of the confidential settlement, John and Nicole's Wahoo Seafood Restaurant closed down on Sunday to the dismay of many long-time customers.

Mr Siljuk said it had come as a surprise to some customers, but he and his family were proud of what they'd achieved.

They'd operated the popular small business for more than 17 years, having moved from Toowoomba.

"We have got such a loyal customer base," he said.

FUTURE: Wahoo Seafood Restaurant owner John Siljuk plans to buy a Kombi and learn guitar, after his business of the past 17 years closed on Sunday. Picture: John McCutcheon

In a social media message to customers John, Nicole and their three children, Bella, Millie and Oscar thanked the community for its support, which had enabled them to pursue the legal matters.

"We are very happy with the outcome," the message read.

Mr Siljuk was clearing out the business and said he planned to buy a Kombi, learn guitar and relax without the burden of running a small business and putting in 40-80 hours a week.

"I feel free right now and I want to enjoy that freedom," he said.

Mr Rogers said the lease had been coming to an end and it had been a "long standing commercial dispute" which had been settled on a commercial basis.

"I'm happy with the outcome and the tenants are happy with the outcome," he said.

"The building will be refurbished and new tenants will be moving in."

Court documents detailing the dispute revealed Mr Siljuk's company claimed damages of more than $235,000 for an alleged breach of the Property Law Act and more than $40,000 in other damages and alleged breaches.

The two parties had been arguing over who was responsible for carrying out fire retardant works on the shop, as well as the total floor space and alleged overpayments of outgoings based on incorrect floor space, among other issues.

The landlord argued there had been agreement reached that the tenants were to carry out the fire retardant works.

Mr Siljuk's company claimed the fire safety issues, which it argued had been the landlord's responsibility, had cost them the sale of their business in 2015.

More legal back and forth followed before the matter was listed for hearing in late-November.

The parties reached a confidential out-of-court settlement, ending the dispute Mr Siljuk said started in 2011.