QCAT Decision Highlights the Importance of Clear Communication in Retail Leasing Disputes – Whether You Are a Landlord or a Lessee
Business Law: 30 September 2025
Author: Aaron Stewart - Our People
Case spotlight: A.C.N. 649 487 089 Pty Ltd v Chin Hong Investments Corporation Pty Ltd [2025] QCAT 136
Retail leasing disputes continue to be a common source of tension in Queensland’s commercial property market. Whether you are a landlord or a lessee, understanding your rights and obligations is crucial to avoid costly disputes. A recent decision of the Queensland Civil and Administrative Tribunal (QCAT) — A.C.N. 649 487 089 Pty Ltd v Chin Hong Investments Corporation Pty Ltd [2025] QCAT 136 — highlights the legal and commercial risks that can arise when redevelopment plans and leasing obligations are not properly managed.
What happened in this case
The dispute arose from a retail lease at a busy suburban shopping centre.
The landlord had outlined redevelopment works to the tenant including indicative timeframes. When the works were delayed the tenant alleged that they had relied on those representations when making operational decisions.
QCAT ultimately found that the landlord’s communications amounted to misrepresentations and awarded the tenant compensation for loss suffered as a result of the delays. While the sums were relatively modest the decision is notable because it reinforces that informal promises and indicative timeframes can carry legal consequences under the Retail Shop Leases Act 1994 (Qld).
Why this matters for landlords and tenants
Retail leasing disputes often escalate due to misunderstandings, informal assurances or commercial pressures around redevelopment, rent abatements and maintenance.
Key risks include
- Misrepresentation claims as seen in this case
- Breaches of statutory obligations under the Retail Shop Leases Act
- Disputes over rent relief, fit out contributions or relocation rights
- Costly delays in resolving matters if communication breaks down
QCAT provides a cost effective forum to resolve many of these disputes but the process can still be legally and commercially complex. Early strategic legal advice is often the difference between a swift resolution and a prolonged expensive conflict.
How Aitken Partners can help
At Aitken Partners we regularly assist both landlords and tenants to resolve retail leasing disputes before QCAT proceedings are commenced or where necessary through formal tribunal hearings.
Our Principal Lawyer in Brisbane, Aaron Stewart, has extensive experience acting in retail leasing disputes before QCAT, including matters involving redevelopment delays, compensation claims, rent abatements and termination disputes. Our broader Brisbane team has also successfully resolved numerous matters through private negotiation and alternative dispute resolution, often preserving commercial relationships in the process.
Get advice early
Whether you are a landlord or a lessee, if you are involved in or concerned about a retail leasing dispute in Queensland it is crucial to get experienced legal advice early. Doing so can minimise your financial exposure and maximise the prospects of a practical resolution.
Contact Aitken Partners
For strategic advice on retail leasing disputes please contact Aitken Partners on (03) 8600 6000, alternatively complete our online enquiry form and a member of our team will be in touch.