Gold Coast Seafood and Steak awarded cash payout after two year battle with landlord
A well-known Surfers Paradise restaurant has been awarded a cash payment after an about two-year long legal battle with their landlord.
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A well-known Surfers Paradise restaurant has been awarded a cash payment after a two-year legal battle with their landlord.
Gold Coast Seafood and Steak has been awarded $16,015 from their landlord FHGD Pty Ltd after an ongoing case in the Queensland Civil and Administrative Tribunal.
The battle began in early 2020 when restaurant owners Im Ok Ahn and Seong Beom Ahn wanted to sign over their restaurant, including their five-year lease to Dasom Seo.
The Ahn’s claimed FHGD originally agreed to change the lease into Ms Seo’s name.
But FHGD said they agreed but then changed their mind.
The Ahn’s claimed they were evicted form the premises in December 2020.
FHGD told QCAT the restaurant owed more than $4000 for rent.
The QCAT documents show that in emails in September and October last year, the Ahn’s and FHGD agreed the lease would be signed over to Ms Seo if the Ahn’s paid for FHGD’s legal fees.
The tribunal documents state FHGD did not respond to two emails asking for a discount on the legal fees but later FHGD refused.
QCAT was told Mr Ahn responded the same day saying that was not a problem and to proceed with the change over.
The QCAT documents included an email sent by FHGD on October 13, 2020 where they demand the new restaurant owners pay an additional “20,000 in binding money”, pay for future property management fees and buy comprehensive insurance.
QCAT found that FHGD were not entitled “to terminate the tenancy” as they did.
“We find FHGD gave consent in writing to the assignment by her email of 1 October 2020,” the documents said.
QCAT also found there was no evidence Mr and Mrs Ahn owed anything to FHGD.
“(Gold Coast Seafood and Steak) is therefore entitled to recover its bond of $15,015,” the document said.
Mr Ahn also claimed that he was not able to retrieve a lot of kitchen equipment from the restaurant.
He said that he felt if he did in the time given, he would not receive his bond back.
QCAT did find that FHGD did “wrongfully deal” with the kitchenware but was unable to order restitution as there was no evidence about market value of the goods.
QCAT ordered FHGD pay back the $15,015 bond and another $1000 for legal costs.
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Originally published as Gold Coast Seafood and Steak awarded cash payout after two year battle with landlord
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