• “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
    “Thanks for your efforts!” - Dominic, Owner of Multiple ACT Delicatessens
    “Don. You should write the Valuer’s manual on retail property valuation – the detail you go into is impressive.” - Leading NSW Specialist Retail Valuer
    “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
    “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
    “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 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
    “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
    “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
    “Don is one of the most qualified and experienced retail lease valuers in Australia and has qualified as a retail rent specialist arbitrator by both IAMA and RICS. Unlike many traditional valuers, he regularly seeks newer and better valuation methodologies more » - Matt Myers, Senior Univ. Lecturer
    “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
    “Hi Donald, thank you for confirming what I already thought about Shopping Centres and retail Leases/Values.” - Business Valuer
    “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
    “…You were very thorough. It is always good when the facts are provided in detail leaving no questions to be asked.” - Large Retail Landlord
    “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
    “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 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
  • Western Australia Supreme Court

    State/Jurisdiction:Western Australia Supreme Court   Complexity: 8.5 / 10

    Parties to Dispute: Plaintiff: Menswear Store, part of reasonably large retail chain
    Defendant:Major A-REIT, owner of major shopping centre where store located

    Type of Dispute: Alleged Breach of ‘Quiet Use & Enjoyment’ of Lease

    Description of Dispute: Shopping centre management leased the space in front of the menswear shop to a juice bar. Not only did this reduce the visibility of the shop within the centre, it also set up a ‘clash of cultures’ between the shop’s client base and the groups of teenagers who frequented the juice bar and who Plaintiff alleged were‘crowding’ access and egress to the store, swearing, spilling drinks, etc.

    Despite repeated attempts by Plaintiff to get centre management to address and correct this breach of quiet use and enjoyment, centre management failed to do so causing the Plaintiff to become ‘frustrated’ and file suit. This situation could easily have been avoided ‘but for”poor management and the Defendant’s ongoing ‘failure to rectify’.

    Both parties were legally represented by established law firms. Plaintiff had also retained a PhD-qualified accountant as an Expert who had provided a 50-page report at a cost of $50,000. Defendant’s Expert was an economist with substantial experience in shopping centre analysis.

    Instructions Received from Plaintiff:

    Don was retained as a Specialist Retail Valuer to provide the following retail property consultant services:

    • 1.Peer-review Expert’s report to determine whether or not the calculations of loss were sound and reasonable (a forensic accounting exercise);
    • 2. Analyse and respond to report submitted by Defendant’s Expert;
    • 3. Establish and detail causal links between actions of Defendant and losses of Plaintiff.

    How Settled: Settlement reached at mediation based on the strength of Don’s single report

    The matter did not go to hearing partly due to an illness in Plaintiff’s family. However, Don’s Expert Report was critical to the amount of damages paid to the Plaintiff by:

    • 1. Establishing that Plaintiff’s Accounting Expert’s calculations were sound and reasonable, backing them up with a much simpler methodology. Using forensic analysis, Don was able to reduce the 38,000 figures used in support of the Plaintiff’s case to a single, half-page table that clearly isolatedcausal factors from inconsequential ones and showed the losses related to them.
    • 2. Analysing the Defendant’s Expert’s report to reveal flawed assumptions and modelling that supported Defendant’s case and how they were used in complex graphs to produce incorrect results and support flawed arguments that did not represent the situation accurately or fairly.
    • 3. Deconstructed the many assumptions and variables used in the Defendant’s case showing how some were too remote to have any causal influence and others were specious.
    • 4. Used key performance indicators (KPIs) from other stores in the group and industry benchmarks to establish reasonableness of store’s performance, explored local economic and environmental factors and ultimately proved that the decline of the Plaintiff’s store could be directly linked to the shopping centre management’s actions and inaction.

    Comments:

    ALPC’s services were retained based on a 45-minute phone conversation in which Don’s estimate of losses incurred was similar to that arrived at by the Plaintiff’s accountant.This case took advantage of the full breadth of Don’s knowledgeand experience, including his understanding of general retail business economics (accounts and accounting principles), marketing and market analysis, retail propertyvaluation and economics, and his ability to find the important facts of a case among large amounts of complex information.