Legal battle lost over Airlie Beach marina berth lease

A LIQUIDATED company has lost its attempt in Queensland's highest court to overturn a previous court decision which allowed a tenant to keep leasing two marina berths at Airlie Beach despite not paying rent in time.

A Supreme Court judgment last year found in favour of company Karamist, allowing them to keep their 100-year non-commercial sub-leases of two marina berths worth $225,000 each.

These two berths are the largest non-commercial berths in the Port of Airlie complex.

But Meridien, which leased the berths to the company, argued that the Supreme Court Justice did not give adequate reasons for his finding when there was insufficient evidence.

A Court of Appeal judgment handed down yesterday dismissed Meridien's appeal.

Justice Ann Lyons said in the judgment that she was satisfied the previous judge sufficiently grappled with the evidence he had at the time.

Karamist entered into the two 100-year subleases in February 2009 and paid almost the entire rent then for both berths, except for $100,000, the court judgment said.

In 2012 Meridien asked for the remaining $100,000 to be paid but Karamist did not pay this for about two years.

The leases were then terminated in June 2014 and five days later the $100,000 appeared in Meriden's lawyer's trust account.

But the Court of Appeal stood by the previous justice's findings that Karamist did not wilfully default on its rent payments.

- APN Newsdesk


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