Celeb dentist, property scion win leaky roof legal stoush with tenant

A celebrity dentist, who once was married to an influencer, and his Brisbane property developer business partner hailing from a famous family, have won a major court battle over a leaky roof.

Sophie Guidolin and Dr Andrew Firgaira at their wedding last November. Picture: Instagram

A celebrity dentist who had an ill-fated marriage to an influencer, and his Brisbane business partner, who hails from a famous dynasty, have won a legal stoush over a leaky roof.

In a decision on December 19, the Queensland Civil and Administrative Tribunal ruled that Polites and Firgaira Property Pty Ltd (PFP), a company owned in equal shares by dentist Andrew Firgaira and property developer Alex Polites, should be awarded $85,887 in damages and legal costs in the case against their tenant at a Gold Coast restaurant.

The company was successful in defending a claim for compensation by former tenant Brendan Angus, who leased the former Kentucky Fried Chicken store on McLean St Coolangatta in 2018.

Sunhouse Surf Kiosk which was set to open in an old KFC at Coolangatta in 2018.

Mr Angus, an offshore FIFO worker, was seeking compensation and damages of $750,000 for the disruption to his Sunhouse Surf Kiosk business which he claims was caused by the building’s leaky roof.

He claimed the ex-KFC building was wholly unfit for occupation and he played videos of the leaky roof during the tribunal hearing, described as “very dramatic” by QCAT chairperson Vass Poteri.

But Mr Poteri threw out Mr Angus’ application finding that the kiosk business was set to fail from the start.

Alex Polites

Mr Angus told the tribunal that he intended to operate a licenced food outlet from the former KFC to take advantage of the Commonwealth Games crowds in April 2018.

The building was in bad shape when he agreed to lease it, and during the lease it was obvious that the roof required ongoing repairs and/or a total replacement, with a rusty roof and gutters, the tribunal found.

Mr Polites arranged for the roof to be repaired during the lease.

The Tribunal accepted that PFP properly terminated the lease either on 14 March 2019 or on 15 April 2019, after Mr Angus stopped paying rent.

“On balance the evidence points to the kiosk being an unsuccessful business from the start of operations,” Mr Poteri wrote.

Dentist Andrew Firgaira pictured with his former fitness influencer wife Sophie Guidolin Picture Instagram

“The figures of the business support this conclusion. The whole project must have been of great concern and worry to Angus. Angus had to manage the kiosk from afar and it was a financial drain on him.

“The principal reason why Angus wanted to terminate the lease at the beginning of January 2019 was the drain of the kiosk on the finances of Angus and for other personal reasons.

“The state of the premises would have been only a minor factor in Angus’s desire to exit the Lease. This is supported by the email exchanges between Angus and Polites in early 2019.

“The landlord has taken reasonable steps ... under the lease in the circumstances to resolve and repair the issues with the water leaks so that the kiosk can operate properly.

“Notwithstanding this finding, on occasions water leaks must have been an issue for the kiosk and they would have disrupted the business when water was entering the premises.

“This was apparent when listening to some of the oral evidence and viewing the videos supplied by Angus,” Mr Poteri noted in his decision.

Sophie Guidolin and Dr Andrew Firgaira at their wedding last November. Picture: Instagram

Dr Firgaira, 43, is the owner of Oasis Dental Studios at Broadbeach on the Gold Coast and principal dentist, he is also co founder of Oasis Dental surgery’s in Chirn Park, Palm Beach, Pottsville, West End and Ferry Road on the Gold Coast.

He is the ex-husband of fitness influencer Sophie Guidolin.

Alex Polites, 40, lives in a luxury high-rise in Kangaroo Point and is the grandson of millionaire Con Polites who died in 2001.

SA businessman Constantine (Con) Polites smoking cigar 14 Jan 1995.

Con was one of South Australia’s wealthiest men, with his fortune built in property.

Mr Polites told the tribunal that he is a licenced real estate agent and has managed more than 200 commercial properties across Australia and has founded and operated a real estate agency in Queensland where he managed more than 150 residential homes. Polites also told the tribunal that he specialises in amalgamating sites for developers.