Longstanding legal feud reveals Brands on Sale backstory
A eight-year legal feud has revealed the backstory of the downfall of Campbelltown’s ill-fated Brands on Sale discount outlet, once tipped to signal the city’s “coming of age”.
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An eight-year legal feud has revealed the fascinating backstory behind the fall of Campbelltown’s hotly-anticipated Brands on Sale discount outlet, which failed less than 12 months after opening in 2009.
The $65 million four-storey development — featuring about 80 shops, a food court and hundreds of parking spaces — was unveiled almost half-empty on December 10, 2009, shortly after the Global Financial Crisis hit.
By November 2010, the discount outlet had failed.
Property developer Terry Bassal and his father Albert, whose company CFO Unit Trust owned 40 per cent of Brands on Sale, launched legal action in 2011 against global commercial real estate firm Savills.
The Bassal family has recent links to the proposed development of the CBC Bank Building in Campbelltown and were involved in a bloody business dispute, which saw Terry Bassal shot in the chest and brother Michael murdered during a 2016 siege in Ingleburn.
The two men, and a third brother Mark, were shot at while seeking a $40,000 refund for signage ordered for Michael Bassal’s family construction business.
Terry and Albert Bassal claimed Savills was ultimately responsible for the downfall of the discount outlet, alleging the international business failed to honour its commitment to lease 90 per cent of the shopping centre by the December 10, 2009, grand opening.
They also claimed the business failed to mount an acceptable leasing campaign or allocate appropriate resources.
After a 15-day hearing in August 2018, a judgment published by NSW Supreme Court judge Natalie Adams last week found no wrongdoing on the part of Savills.
The Judgement revealed friction between the Terry Bassal and hotel mogul and business partner Dr Jerry Schwartz, who owned 60 per cent of the failed development and intentions from David Jones to relocate from Macarthur Square to Brands on Sale.
It was also declared Savills had asked multiple times for the 2009 opening to be delayed.
About 400 businesses were approached to be part of the discount outlet store.
Ms Adams, in her judgment, said there were deficiencies in the Bassal case and highlighted the number of times Terry Bassal changed lawyers, before ultimately representing himself and his father.
The Bassal pair was also ordered to pay Savill’s court costs.
Campbelltown Council has recently endorsed plans for six towers, worth more than $120 million, to be built on the former Brands on Sale site.
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