Hope for small guys

A SMALL business on the Gold Coast has been granted a short reprieve after a tribunal temporarily blocked a major developer from kicking it out of its shop.

Gold Coast Jet Boating turned to the Queensland Civil and Administrative Tribunal (QCAT) when its landlord, Chinese developer Ridong, said in March 2021 it had to leave its Mariner’s Cove premises for renovations.

Gold Coast Jet Boating objected to the eviction notice and headed to QCAT when an agreement could not be reached.

QCAT was only able to make a ruling this month due to “resourcing issues” delays.

The lease on the shop expires on March 31 this year.

QCAT Member Sandra Deane ruled Ridong – which announced plans for a $100m redevelopment of the centre in April last year – could not act on the relocation or demolition notices issued in April last year until the lease ended in March.

In her judgment, Member Deane said she found in favour of letting Gold Coast Jet Boating stay as “to do so carries lower risk of injustice should it turn out to be ‘wrong’”.

According the QCAT judgment, the reasons Ridong wanted Gold Coast Jet

Boating to leave the premises included that it wished to “demolish or substantially renovate” the property.

QCAT documents show the small business objected because it had not been given the required six months’ notice and was not offered compensation.

Gold Coast Jet Boating went to QCAT to ask for orders that stopped Ridong from retaking exclusive possession and to allow it quiet enjoyment of the premises.

It says it also tried to negotiate with the developer.

“It was only when those negotiations broke down that it sought the tribunal’s assistance to restrain what it contends is the landlord’s actions in breach of the Retail Shop Leases Act and the lease,” QCAT said.

It is not clear what will happen when the lease expires.

Mariner’s Cove was built in 1986 as a part of redevelopment of The Spit.

Developer Sunland purchased the shopping centre’s lease and in 2015 unveiled a plan for a $600m development. Those plans were abandoned due to community opposition.

Ridong took over the site in July 2020 and announced a $100m plan for the area. The redevelopment would include high-end dining, an aquatic performance area, a revamp of the marina and an international barbecue area.