Elias Habchi and Maria Habchi v BCH Nominees Pty Ltd [1998] RSLT 11

[1998] RSLT 11 RETAIL SHOP LEASES ACT 1994 In the matter of Decision 59 of 1998 ELIAS HABCHI and MARIA HABCHI - Claimants - and - BCH NOMINEES (No.59) PTY LIMITED - Respondent DECISION Given on 16 December 1998, in Brisbane -- 1 of 2 -- Habchi-v-BCH Nominees. Decision - Page 2 I as Chairman have previous indicated that the view I take of the law is that the claim for compensation based on interference with trade during renovation or refurbishment only exists while the person claimed against remains the landlord. The period of the claim here is from mid-September 1997 beyond the end of 1998. The evidence indicates that the respondent ceased to be the landlord on 3 July 1998, when the property was transferred to a purchaser. I therefore rule, having not been persuaded to change my view, that the claim on which this Tribunal can adjudicate is that from mid-September to 3 July 1998. The term "mid-September" is very flexible. The onus being on the claimant, we feel that in fairness we should limit the claim from 1 October until 3 July. We therefore in round figures take a period of nine months. We have before us statements filed on behalf of the claimant. The respondent has not filed any material until this morning, when he put something before us by way of facts or submissions. We have had the benefit of the evidence of Mr Stephens, a business broker who has analysed losses, and although we were inclined prima facie to take a rounded figure rather than the exact figure which he has determined, after hearing him and taking into account the statements and submissions of Mr McGowan, a director of the respondent company, to assess the compensation on the figure as given by Mr Stephens, that figure is $5,400 per month, and we assess the compensation due by the respondent to the claimant at that figure over nine months, that is, $5,400 x 9, or $48,600. We order the respondent to pay that sum to the claimant, and of course it will become available by operation of law for setoff against any claims made by the claimant to the respondent. P V Loewenthal, Chairman. -- 2 of 2 --