Raging fight over rent

Landlord files court claim for money owed

A CAIRNS CBD landlord has launched legal action against tour operator Raging Thunder over more than $45,000 in unpaid rent.

Esplanade Central Pty Ltd oversees office space in the buildings surrounding McDonald’s on the Esplanade which is currently the subject of major works.

The landlord’s Tim from Preston Law legal representative Dobinson told the

Cairns Post the firm had moved out of the Shields St premises in November, six months after the works began.

He said the company only announced it would be repudiating the lease in March, claiming to have been negatively impacted by the ongoing works.

“This being a shop they were not occupying,” he said.

Esplanade Central has now filed a civil claim in the Cairns

Supreme Court for March and April, along with interest, costs and damages for termination of the lease.

The documents said the 10year lease had been in place since July 2017.

It alleged Raging Thunder had “falsely asserted” Esplanade Central had breached its obligation to provide “quiet enjoyment” of its store, relating to the works.

The document detailed correspondence between each company’s legal representatives during March and early April regarding the lease dispute before the landlord terminated the lease in April.

“As a result of the defendant’s repudiation of the lease and consequential termination of the lease, the plaintiff has suffered loss and damage, being the loss of payment of base rent and outgoings, that would have been payable by the defendant to the plaintiff under the balance of the term of the lease since the termination of the lease,” the document alleged.

Chief executive of Experience Co, Raging Thunder’s parent company, John O’Sullivan said there would be no comment on the claim, but confirmed Raging Thunder Retail had been occupying the site and the lease was now “in dispute”.

Experience Co announced at the start of the coronavirus crisis it would be shedding its white water rafting and hot air balloon businesses. Raging Thunder operated white water rafting.

Mr O’Sullivan said the long-term future of Experience Co was still “very strong” and the company was “itching” to get back to business after the crisis was over.

“We just want to focus on what people going to Cairns and Port Douglas come for and that’s the Reef,” he said.

Lagoon looking good

THE Cairns Esplanade Lagoon will undergo its biennial maintenance program from today to ensure the city’s most iconic feature remains in top condition. The maintenance program will take six to eight weeks to complete and will include repairs and upgrades to the pool’s surface, lighting, pump systems and amenities. “The pool and its surrounds need major maintenance every two years to keep it looking and operating at its best,” Mayor Bob Manning said.

Drug accused in court

THE case of a former Port

Douglas gym owner accused of trafficking and supplying cocaine has been adjourned in court.

Lee Undy, 47, a former Bandido, has pleaded guilty to contravening an order linked to refusing police to access his mobile phone, but is fighting the drug charges which were allegedly committed in Port Douglas between August 1, 2017, and February 1, 2018.

The matter was mentioned briefly in the Cairns Supreme Court yesterday but has been adjourned until May 18.

Crash boy still critical

A BOY, 3, involved in a serious crash in Hope Vale where police rescued him and his mother from a burning car, remains in a critical but stable condition in hospital. He suffered many facial fractures.