Gold Coast nightclub Sin City v Melbourne landlord heats up
The operator of the Sin City nightclub – counter-suing a landlord for $1.3 million in an ugly lockout row – says “we’re not in the business of letting people bully us”.
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A GOLD Coast nightclub operator - counter-suing a landlord for $1.3 million in an ugly lockout row – says “we’re not in the business of letting people bully us”.
Artesian Hospitality partner Matt Keegan, whose Surfers Paradise bar stable includes locked out Sin City, says it is “unfortunate” they are battling in Southport District Court but claims: “A person or group appear to have seen an opportunity, perhaps because of COVID, to take advantage.”
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Melbourne-based landlord Bada Bing Holdings alleged rent arrears before locking Sin City operator Rockbah Bar Pty Ltd out of its site in mid-April. Sin City, a high-profile nightclub which was a favourite haunt of sprint legend Usain Bolt during the 2018 Commonwealth Games, had occupied the prime Orchid Avenue party strip site for 13 years.
Bada Bing is suing Rockbah for $268,000 in alleged arrears. That’s despite Rockbah paying what it claims was agreed reduced rent of $10,000 a week for three months before being evicted.
As revealed this week, Rockbah has lodged a counter-claim for $1.3 million for new lease costs and halted trading until it finds new premises.
In its defence, Rockbah – claiming proof of a rent variation via email, verbally and three months of “conduct” – says it’s also planning legal action against undisclosed parties.
Asked by the Bulletin about that additional legal action, Mr Keegan alleged: “We are simply not in the business of letting people bully us – and that is what was attempted here.”
Rockbah’s counter-claim also alleges the landlord has not properly advertised the site since locking Sin City out.
Asked about the claim of attempted bullying and not properly advertising the tenancy, Bada Bing’s Legacy Legal solicitor Anton Tan said: “The matters between Bada Bing and Rockbah ... will be decided by the court.” Mr Tan added his client noted Mr Keegan often commented on hospitality issues in the Bulletin, but “our client also notes ASIC records indicate Mr Keegan has no authority in relation to Rockbah or SinCity and does not appear to have authority to take any action on behalf”.
“As such, our client fails to see how the termination of the lease resulting from (alleged) non-payment of rent could be considered as bullying.
“Our client also fails to see how Mr Keegan can pass commentary on advertising or leasing matters for which he has absolutely no knowledge.”
Asked about his authority to speak for Rockbah and Sin City, Mr Keegan said: “I clearly have authority for Rockbah as I do for all Artesian entities.
“The court has accepted that by accepting the defence and counterclaim. As our lawyers, myself and court filings made clear to Legacy, I am a director of Artesian Hospitality and Artesian has authority to act on behalf of Rockbah/Sin City.
“They seem to be trying to to divert attention from the real issues,” Mr Keegan said.