Operator ‘heartbroken’ by Gold Coast childcare’s sudden closure, leaving staff jobless and families without care

A Gold Coast childcare centre operator is “heartbroken” by its sudden forced closure – that shocked parents and staff – blaming a falling out with his former “best mate” and landlord.

A Gold Coast childcare centre operator is “heartbroken” by its sudden closure – that shocked parents and staff – blaming a falling out with his ex “best mate” and landlord.

Kids Academy Hope Island operator Scott Hookey said a four-year partnership – with him as operator and ex-best mate John Whitelaw as landlord – soured and ended in a Supreme Court lease battle leading to the centre demise last week.

It suddenly closed on Friday, the Bulletin revealed yesterday, with such little notice teachers rushed in that morning to retrieve kids’ belongings including artwork, sleeping bags and toys.

In a Facebook post soon after, published on the Academy page, Mr Hookey claims when starting the centre he and Mr Whitelaw originally had a business partnership “based on trust and some written documents”.

Kids Academy Hope Island operator Scott Hookey (left) and its landlord John Whitelaw whose court battle has forced the childcare centre to suddenly close. Picture: Supplied

“Unfortunately when the centre was set up the bank wanted our partnership to be structured as a landlord/operator structure. Mr Whitelaw was to be the landlord and I was to be the operator. Mr Whitelaw often commented it was the best investment he had ever made.”

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But a May 29 Supreme Court decision details a long-running legal battle focused on determining the rights of both parties as to the “ownership and operation” of the centre.

“(Mr Hookey and an entity) allege these rights are governed by a joint venture agreement made orally by Mr Hookey and Mr Whitelaw. (Mr Whitelaw and an entity) deny such agreement was entered into and allege the parties’ rights are to be determined by reference to a lease executed on July 16, 2014.”

The court decision reveals they agreed on a Hookey entity making $524,389 available via bank guarantee to a Whitelaw entity but the pair disputed the timing, ultimately leading to the termination of the lease.

Families left without childcare after Kids Academy Hope Island was suddenly closed. Photograph: Jason O'Brien

Mr Hookey’s Facebook post notes: “Although Mr Whitelaw won the case, I am extremely confident in the appeal process that we are now in. The court determined we were in default and Mr Whitelaw terminated my lease. It breaks our heart. The reason we have been in business is because of love for the children and families we care for.”

Mr Whitelaw was unable to be contacted but the Bulletin left a message at his residence.

Parents and staff met for support outside the facility yesterday, still awaiting answers

An email to families and teachers made redundant just minutes before their scheduled meeting stated staff will be paid their wages and entitlements in full. Families will get bond payments.

United Workers Union organiser Jane Kington said: “During this COVID crisis they (the centre’s staff) have been on the frontline and to have this as well is very stressing for them.”

Mum Kotori Subritzky with son Tanerau after Kids Academy Hope Island was closed. Photograph: Jason O'Brien

Single father Tony Davis’ two boys Spencer, 4, and Bailey, 6, attend its daycare and after-school care. He said families and teachers got together to support each other and share contacts to help the transition into an unpredictable future easier.

“The teachers are like family, we trust them to care for our kids,” he said.

Gutted Kotori Subritzky said her and her husband now juggle working from home and caring for four children including youngest child Tanerau, 2, who had attended the centre.

“My husband and I try to balance our days so we can take different time off but there are two days we can’t so Tanerau has to go to kindy,” she said. “But it’s now time to start looking elsewhere.”