‘It breaks our heart’: operator speaks out
A GOLD Coast childcare centre operator is “heartbroken” by its sudden forced closure – which shocked parents and staff – blaming a falling out with his ex “best mate” and landlord.
Kids Academy Hope Island operator Scott Hookey reveals a four-year partnership – with him as operator and then best mate John Whitelaw as landlord – soured and ended in a Supreme Court lease battle leading to the centre’s demise.
It suddenly closed on Friday, the Bulletin revealed yesterday, with so little notice teachers rushed in that morning to retrieve kids’ belongings including art, sleeping bags and toys.
In a post soon after to Facebook, published on the Academy page, Mr Hookey claims when starting the centre he and Mr Whitelaw originally had a business partnership “based on trust and some written documents”.
“Unfortunately, when the centre was set up, the bank wanted our partnership to be structured as a landlord/operator structure,” he said.
“Mr Whitelaw was to be the landlord and I was to be the operator. Mr Whitelaw often commented it was the best investment he had ever made.”
But a Supreme Court decision dated May 29 details a long-running legal battle focused on defining the rights of both parties as to the centre’s “ownership and operation”.
“(Mr Hookey and an associated entity) allege these rights are governed by a joint venture agreement made orally by Mr Hookey and Mr Whitelaw,” it stated.
“(Mr Whitelaw and an associated entity) deny any such agreement was entered into and allege the parties’ rights are to be determined by reference to a lease executed on July 16, 2014.”
The court decision reveals they agreed on a Hookey entity making $524,389 available via a bank guarantee to a Whitelaw entity but the pair disputed the timing of it, ultimately leading to the termination of the lease.
Mr Hookey’s Facebook post notes: “Although Mr Whitelaw won the case, I am extremely confident in the appeal process that we are now in.
“The court determined we were in default and Mr Whitelaw terminated my lease.
“It breaks our heart. “The reason we have been in business is because of love for the children and families we care for and the quality of care we continually strive for.”
Mr Whitelaw could not be contacted. The Bulletin left a message at his residence.
Parents and staff met to support each other yesterday, still awaiting answers.
An email to families and teachers just minutes before their scheduled meeting stated staff would be paid their wages and entitlements in full. Families will get bond payments.
United Workers Union’s
Jane Kington said during the COVID-19 crisis the staff were on the frontline.
“To have this as well is very stressing for them,” she said.
Single father Tony Davis’s boys Spencer, 4, and Bailey, 6, attend the centre.
“Teachers are like family,” he said. “We trust them to care for our kids.”
Gutted Kotori Subritzky said she and her husband now juggled working from home and caring for four kids including youngest Tanerau, 2, who attended the centre.
“My husband and I try to balance our days so we can take different time off but there are two days we can’t so Tanerau has to go to kindy,” she said. “But it’s now time to start looking elsewhere.”