Business loss baffles
Splash operator lodges FOI after losing rights
A FATHER of seven is pursuing legal action against the Gold Coast City Council after he lost the tender to continue his booming business to a competitor.
AquaSplash water park owner Matt Devine and lawyer Michael McDonald are accusing the council of engaging in misleading or deceptive conduct.
Mr Devine built the inflatable obstacle course at the Southport Broadwater Parklands in 2013.
In the first year, he invested $300,000 and attracted about 45,000 customers over the three-month summer period.
Last year that number had exploded to more than 100,000 people in one season.
In July, Mr Devine was devastated to discover he had lost the tender to continue his business after water park competitor, Gold Coast Wake Park at Oxenford, won the Council contract.
“We built this business from the ground up ... from concept, inception, right through to the thriving amazing thing that it is,” he said.
“To have it taken away without a clear explanation has been completely baffling.
“At every instance council has blocked our requests. They didn’t even call me to let me know I’d lost the tender.
“I got a call from a supplier. I was completely shattered, and I still am.”
In its first two years, AquaSplash operated on a temporary event permit. The third year Mr Devine said he entered a three-year tender, which he helped council write. It ended this year.
Mr Devine claims his tender application this year was rejected on the basis that his business address was not listed on the Gold Coast. It was listed as his accountant’s office in Brisbane. Mr Devine lives in Southport.
“I said to them if their tender is better than mine and the people of the Gold Coast are going to be safer, and they’re going to present a better venue, I will walk away right now,” Mr Devine said.
“We have grown with the business and handling 3000 people a day, little children playing in the shallows to tourists who can’t swim. It is an intense environment.
“And unless you have an understanding of the business and dangers, there are going to be accidents.”
A city spokesman confirmed a tender process was run, but offered no answers as to how the winner was chosen.
“The City periodically runs a competitive process for the supply of an inflatable water park at Broadwater Parklands,” he said.
“The City recently sought interest for a future operator of an inflatable water park via an open competitive process.”
Mr Devine and his lawyers have lodged a Freedom of Information request to see the other tender or tenders.
Daniel Watkins, owner of Gold Coast Wake Park and the new park, declined to comment.
He also declined to provide a copy of his tender application. There is no suggestion Gold Coast Wake Park acted improperly in the tender process.
When the Bulletin met Mr Devine and his family near the former site, Mr Watkins’ manager threatened to sue for being near the premises on public property.
One man taunted Mr Devine, shouting: “Why don’t you come on in for a splash?”.