ROCK APE VS DICKSON TRADIES

Well folks its been a long couple of weeks for us here at the Ape, some pretty cool gigs and more importantly gearing up for our big hearing to decide whether or not the Rock Ape actually has a lease or not.

Its with great satisfaction that we can now report that the things have largely gone our way and the Tradies conceded that the Rock Ape had the 5 year lease (2 years of which have already elapsed with the time we’ve been here) so this means we have 3 years left, once detailed terms are settled! Basically for those who don’t know the deal what happened was sometime around October 2000 year the Canberra Tradesman’s Union Club decided that they did not want the Rock Ape in their premises. The main issue as far as the CTUC was concerned, was that they felt that I was not doing a good enough job of running the bar. I however felt that I had done a very good job, thus there was a difference of opinion. By early November 2000 we had received our first eviction notice and in an effort to reconcile differences we outlined a strategy for improving our performance. This was not received well by the CTUC so we sent a second letter, which sought a “cooling-off” period and amicable discussions to resolve differences. Following a further eviction notice, we informed them we would not be leaving the premises. I then initiated a dispute in the Commercial Tenancy Tribunal. After a one and a half year long dispute going through the Tribunal, the matter was heard on the 17th and 18th of June 2002. The dispute was partially resolved by their concession on the second day. After a lengthy examination of myself by the CTUC barrister, Mr Greg Walker the Tribunal President concluded that, on the basis of what he had heard, subject to further evidence, we were more likely to be granted the lease unless some exceptional circumstances were brought to light and recommended that the parties sort out a deal. The deal offered by the CTUC was pretty much what I had wanted in the first place so we accepted, subject to agreement on the detailed terms and conditions of the lease and without giving up our claim for damages, which we intend to pursue.

The Tradies were represented by Gary Robb & Associates, one of Canberra’s leading law firms, while my dad, Winston, who is not a lawyer, was my mouthpiece in the Tribunal. One can’t help but think this whole mess could have been avoided if the Canberra Tradesman’s Union Club had been a little more open to negotiation. If they wanted it to be run in a particular way, they should have done it that way, with their own staff. The Tradies could have saved themselves the legal costs they incurred and us a whole lot of trouble, uncertainty and angst.

The Tribunal President effectively said that this case did not reflect well on either party. It also severely disrupted the running of my business, and ruined what little personal life I had before this issue, and cast a shadow over the running of what is essentially a trouble free pub.

Anyway, I for one will be just happy to finalise the lease and be able to look forward to the next 3 years of running the Rock Ape and serving you all drinks.

Reggae.