Fine over war of words
Southport RSL club to pay $200k
THE Southport RSL Memorial Club has been ordered to pay its veterans sub-branch almost $200,000 for wrongfully evicting them.
The order made in the Brisbane District Court this week is the latest in long-running tensions that have bubbled between the Southport RSL Memorial Club, which runs the venue, and the Southport RSL sub-branch, which provides the services for veterans.
Judge Ken Barlow ordered the club to pay $192,820 to the sub-branch because it was found to have breached the lease in April 2020.
The eviction meant the subbranch had to find alternative premises at the Southport Bowls Club to meet with veterans, hold meetings, have their offices and display their memorabilia – including a roll of honour, photographs, flags, uniforms and medals.
The memorial club had previously leased the Scarborough St premises from the sub-branch.
A clause of the lease included that the club provide offices and space for memorabilia to be appropriately displayed within the building.
The sub-branch sold the building to a private investor in December, 2019. The club signed a lease with the new owner in January 2020. It resulted in a war of words and accusations that both Southport groups owed money.
According to court documents, the club told the subbranch in March, 2020, that they needed to leave by the end of April, 2020.
“Subsequently, the club changed the locks on the doors to the offices that (the subbranch) had occupied and moved (the sub-branch’s) furniture, equipment and records, together with some memorabilia into a storage facility,” the court documents read.
The sub-branch went to the courts in August, 2020, arguing that despite the change in ownership, space was still needed for veterans. Judge Barlow agreed, stating the change in ownership did not supersede the original space agreement.
“When it purported to terminate (the sub-branch’s) occupation of the offices and display of its memorabilia, the club breached its contractual licence granted to (the sub-branch),” Judge Barlow said in his judgment.
The club also claimed they did not have to display the memorabilia, particularly weapons, as they are “not representative of the desires of modern society in the manner it wishes to remember Australia’s war dead”.
Judge Barlow said that position “beggars belief” as the club clearly considered being associated with the RSL an advantage and it was notorious that subbranches display memorabilia at clubs across the country.
The club also claimed they offered alternative premises to the sub-branch.
But the sub-branch said they were told this was for 12 months only and, after that, they would have to apply for a grant with the club each year in order to pay the rent. Judge Barlow said the sub-branch was “justified” in refusing these premises as they would have to rely on applying for grants in future to pay rent.