• “Thanks Don. Much appreciated. And thanks again for your fine talk yesterday it is a real pleasure to listen to someone that has such a great understanding of their specialty field and says it like it is. We need more more » - QLD Business Valuer
    “Thanks for your efforts!” - Dominic, Owner of Multiple ACT Delicatessens
    “I have known Don for many years and worked with him in both South Africa and Australia. Don is a dedicated retail property professional and continues to strive to know more about his industry and how to make his clients more » - Dr. Brent Stephens
    “Hi Donald, thank you for confirming what I already thought about Shopping Centres and retail Leases/Values.” - Business Valuer
    “Don has a high level of experience as a specialist retail valuer, arbitrator/mediator and on tenancy determination/submission matters.” - John Kendall, Property Advisor
    “Don has a thorough understanding of the concept of value. From both sides of the equation of owner and tenant he strives to achieve equitable playing fields where fairness also provides win/win outcomes. Don is big picture orientated and has more » - Colin Freeman, Director
    “Don has showed the highest level of integrity and trustworthiness in my dealings with him. His tenacity and attitude to succeed are legend. He makes sure he delivers.” - Mathew Tait, Pharmacist
    “Thank you Don for all your help and for all the contributions that you make to the retail property industry.” - NSW Specialist Retail Valuer
    “Don. You should write the Valuer’s manual on retail property valuation – the detail you go into is impressive.” - Leading NSW Specialist Retail Valuer
    “Don is a leader and visionary in his field. He has a remarkable aptitude for predicting future market trends and dynamics. He has a deep and broad understanding of the retail property market and has always offered sound perspectives.” - Cedric Tyler, CEO
    “And yes, you definitely gave me some valuable tips! You have some very interesting stories. I hope that one day I will have some exciting experiences to talk about too!” - Solicitor
    “Don excels at what he does. He is the most veracious provider of diligent retail property valuation work I have come across in my 27 years as a Real Estate Agent. I would recommend Don whenever a thorough examination of more » - Jonathan Blocksidge, Director REIQ
    “As a retailer with over 15 years Brisbane CBD experience, we engaged Don for independent expert advice to assist us in proving damages to the landlord who was a major industry superannuation fund. I am proud to confirm that Don’s more » - Ermanno Nobilio, Specialty Retailer
    “I just want to tell you how much I enjoyed your presentation yesterday… I’m the guy who thanked you for “telling it as it is” afterwards. I agree with your belief that most rents are over priced and impact on more » - Business Valuer
    “And thank you for emailing your (very substantial) report to me. Your analysis and comments are excellent, forthright and challenging, and more insightful than my own advisors!” - Pharmacist, Major Brand
    “I’ve been on most sides of real estate ownership and management. As a developer, owner, professional manager, and tenant. Don has a refreshingly rational, economically and mathematically literate approach to retail property valuation which avoids many of the rule-of-thumb pitfalls more » - Graham Young, Publisher
    “Thank you very much for all the time, effort, and consideration you have put into our submission. We are extremely happy with your service… We feel extremely fortunate to have discovered you – it is very rare to find an more » - John, Grocery Retailer
    “I have been provided with a copy of a report made by Mr D E Gilbert of Queensland Lease Consultants [former name of ALPC] who is a recognised expert in the relation of rent review determinations, in particular retail premises.” - Leading Australian QC
    “I have known and collaborated with Don Gilbert for four years, ever since I first met him at a conference in Korea. I have found him to be refreshingly numerate, candid, and outspoken on matters concerning the retail property industry, more » - Vernon Martin, President APRI
    “I love reading your articles, always make me laugh. We have decided to quit… retail just isn’t fun anymore and our landlord is being a typical landlord, demanding full refits, jacking up rents, constantly criticizing etc., etc., and I’m over more » - John, Showcase Jewellers
  • Tribunal matter

    PARTIES/LEGAL REPRESENTATION/ TYPE OF DISPUTE

    Both parties legally represented

    INSTRUCTION: Provide expert’s report about losses sustained for breach of quiet use and enjoyment, i.e. forensic accounting exercise from business records.

    Another expert’s report is required from an AAAPC member with regard to causation

    DESCRIPTION OF DISPUTE

     The matter was settled at mediation, negotiated between the parties and their legal advisors.

    How it was settled

    The claim was in regard to an alleged breach of quiet use and enjoyment. Losses were calculated at or about the Tribunal limit

    Owing to the nature of the dispute, a second claim would have been inevitable.

    The parties foreshadowed that there would be a further claim, and possibly a third one during mediation.

    I am told all three were settled, at above the limit of the Tribunal (subject to confidentiality). In effect it was a reasonable outcome for all the parties and was a mature way to handle and settle the dispute.