Long haul for VCAT action

The NewQuay traders’ battle with MAB Corporation looks like being a long and protracted matter with a timeline being set which extends well into next year.

According to lawyer Frank Guastalegname, the traders wishing to recover precinct fees need to present their cases to Victorian Civil and Administrative Tribunal (VCAT) by November 14.

Mr Guastalegname said MAB (as Metro Real Estate) would then be given three weeks to respond and, if agreement was not reached, a mediation date has been set for March 12 next year. If the mediation is not successful, a hearing date will then be set.

Only traders who own their premises are currently involved in the action.  From the 27 who tried to take action in August, the list is down to 15 ­ – the rest being tenants and technically ineligible.

The traders are seeking refunds of precinct fees they claimed were overpaid since 2006, as well as damages and costs.  

The combined claim could potentially top $5 million.