Family Pet and Aquarium store owner disputes landlord’s claim of $50,000 worth of damages

The owner of a well-known Geelong pet store that went bust said a landlord’s claim the site suffered $50,000 worth of damage was “far-fetched”. She also said the safety of fish left at the store had been a priority.

Family and pet aquarium has closed after operating for 26 years. Picture: Alison Wynd

The owner of a well-known pet store that went into voluntary liquidation has disputed claims from the landlord that the site of the business had suffered $50,000 worth of damage.

Gaynor Dwyer was the director of Family Pet and Aquarium, which was recently placed into liquidation allegedly owing more than $750,000.

Ms Dwyer said the landlord’s claim that $50k of damage had occurred was “far-fetched”.

“As the sale of the business now looks to not be occurring, the property is currently being cleared at no cost to the landlord.

“All livestock was safely removed from the property prior to liquidation, apart from a few fish tanks of which the fish were being fed and cared for as often as we were allowed by the owner’s real estate agent.

Photos provided by Family Pet and Aquarium days after the company was placed in liquidation. Picture: Supplied

“The landlord and their agent were very stand-offish in letting us in to care for the fish, they would stand directly behind staff so as to intimidate,” she said.

Ms Dwyer said the safety and wellbeing of the fish was 100 per cent their priority and had the creatures had now all been rehomed.

“Prior to yesterday (Tuesday) we were not permitted by the landlord to rehome the fish.

“Our staff met with the RSPCA, who were happy with the conditions of the fish and understood the situation.

“The only remaining part of the business in the property is the fish room, which can be removed at a much lesser cost than this,” she said.

A report by liquidator Daniel John Quinn of SV Partners revealed Ms Dwyer ceased trading before Mr Quinn’s appointment as liquidator.

The Family Pet and Aquarium store on Monday. Picture: Alison Wynd

“The director (Ms Dwyer) advised me that the reason for the company’s failure was due to a downturn in sales and significant debts, which could not be satisfied as they fell due,” Mr Quinn said.

Ms Dwyer said the flow-on effects from Covid (increased delivery, manufacturing and purchasing costs), rent increases, interest rate rises and low sales resulted in a 30 per cent decrease in sales.

Mr Quinn said his preliminary investigations revealed the company appeared to be insolvent from June 2021.

His report indicated that the company began experiencing trading losses during this period, had a net asset deficiency from this time, and for all subsequent periods.

Family and pet aquarium has closed after operating for 26 years. Picture: Alison Wynd

Ms Dwyer said it was unbeknown to her that the business was trading insolvent.

“I was never advised by my accountant that this was the case. This was only determined during the liquidation process.”

ASIC documents revealed the company allegedly owed outstanding employee entitlements, including $57,200 for superannuation and $51,784 for annual leave.

“I did everything to ensure their entitlements were up to date as possible,” Ms Dwyer said.

“It was important to me that their entitlements were the first to be paid from any liquidation proceeds and this was agreed upon with the liquidator.

“The process is still ongoing, so not sure where that will land.

“It’s been an incredibly stressful time. We’ve been a pillar of the community for 26 years and prided ourselves as a safe place for kids and families to enjoy interacting with pets.

“We are not disputing that the business needed to go into voluntary liquidation, but is our assurance that animal safety remained our number one priority at all times,” she said.

Originally published as Family Pet and Aquarium store owner disputes landlord’s claim of $50,000 worth of damages