Cafe Update: 31st December 2012
Update 31st December 2012: BTW, if anyone’s curious, we settled this matter at VCAT in August 2012. In our favour.
Update 17th June 2012: New VCAT Orders – This proceeding is referred to a one day compulsory conference with a VCAT Member on 21 June 2012. The VCAT Tribunal is relisted for 8th August 2012.
Hemingway Cafe that was previously operating at 562 High Street, was closed during the Easter weekend in April 2012.
Update 28th February 2012: There other businesses now operating from 562 High Street, Thornbury. We have no connection with these businesses.
Update 8th February 2012: At the VCAT Directions Hearing on 3rd February, the matter has proceeded to a VCAT Tribunal and a date was set for a two day hearing, commencing 21 June 2012.
2nd Update 9 January 2012: Thanks all for heads up – found some of the cafe property in Brunswick. It’s been outside for a while, left unsecure, in the rain & very damaged.
Again, we request that all our friends & colleagues to remain calm until this situation is dealt with via legal means.
Human Powered Cycles has the Head Lease to 562 High Street, the cafe was subleased to 11 November 2011. Human Powered Cycles are not the owners or landlords to 562 High Street. In has been alleged but not confirmed that some Human Powered Cycles staff were involved in destroying the cafe during October 2011, which is unpleasant considering we considered many of them to be friends.
Destroyed cafe display, furniture & fittings found dumped in Brunswick.
Coffee machine found with destroyed cafe display, furniture & fittings, dumped in Brunswick.
The rental payments for the cafe were never in arrears since we commenced trading in 2009. Human Powered Cycles P/L issued incorrect sub lease invoices to the cafe for almost two years, which did not calculate the correct percentage of GST to be collected and paid to the ATO. GST is not rent.
Many in Melbourne’s inner north bicycle community will remember the late Thomas Orange, whose family donated a black vinyl lounge suite in 2008. This lounge was also found dumped, alongside cafe furniture, fittings, food stuffs and equipment.
1st Update 9 January 2012: Cafe property including chairs, furniture and equipment is being removed by parties unknown from 562 High Street, Thornbury after being illegally seized on 10 October 2011. Refer to photo below. This is despite a VCAT Directions Hearing is scheduled for 3rd February 2012.
Update 20 December 2011: Following the VCAT Directions Hearing on 15 December, additional respondents were added to our VCAT case. An subsequent VCAT Directions Hearing is now scheduled for 3rd February 2012.
Update 2 December 2011: Despite a upcoming VCAT Directions Hearing, scheduled on 15 December 2011, Human Powered Cycles have advertised on facebook a new business to open in our cafes site.
“Here’s some of the first loaves produced by Jeanette and Michael of Forno Radicale, whose new bakery will be opening here at Human Powered this month”
Also, the front windows on High Street have been news papered over again, similar to what was done in the week of 10 October 2011, when we were illegally evicted without notice. Some of our cafes property was temporarily returned to the cafes front room and now have been removed again, it’s whereabouts is unknown at this point in time, see below:
Human Powered Cafe - 1 December 2011
Human Powered Cafe - 1 December 2011
Update 24 November 2011: Mediation between the parties has failed to settle the matter. We have requested a VCAT Directions Hearing. The VCAT Directions Hearing is scheduled for 15 December 2011.
Update 1 November 2011: Mediation has again been extended – to 4pm, Friday 4 November 2011.
Update 30 October 2011: A all-day VCAT mediation session was held on Monday 24 October and adjourned until Friday 28 October. Mediation was extended until Monday 31 October 2011.
Update 18 October 2011: The VCAT R246/2011 hearing held on Monday 17th October will be public soon. More details to come where they become available.
On Saturday 15th October 2011 we were informed by friends that the newspaper had been removed from the front windows and virtually all our equipment, fittings, fixtures, chattels, framed prints, food, furniture, plants, our personal property and personal property of other people and groups, had been removed from the premises. The whereabouts of our property, and that of others, is unknown at this point.
On Monday 10th October 2011 we were locked out of our cafe without notice by Bill Bretherton, Sole Proprietor of Human Powered Cycles. Human Powered Cycles has the Head lease to 562 High Street, the cafe was subleased to 11 November 2011. Human Powered Cycles are not the owners or landlords of 562 High Street, Thornbury.
The directors of Human Powered Cycles P/L, Bill Bretherton, Sole Proprietor and his father, Matthew Bretherton, did not inform us that this action would occur. There is a pending VCAT hearing on Monday 17th October 2011, but our cafe has been fully stripped out.
We request that all our friends & colleagues to remain calm until this situation is dealt with via legal means.
Oh my god, that’s unbelievable. I’m so sorry, it must be heartbreaking.
Booooo!!!! I’m extremely disappointed at the lack of ethics displayed in this episode. Prior to this I was happy to talk up Human Powered cycles to many other cyclists I encountered in my various exploits around Melbourne. I now feel that this support is misguided and will definitely be un-recommending them despite the potential for unwanted negative consequences for their employees who probably weren’t involved – sorry guys, my conscious dictates this course.
This is an unbelievably stupid thing to do. To what possible positive outcome does Bill Bretherton think by destroying a cafe built by others and then trying to reopen it as his own is possibly going to work? It is straight up theft guys. It is not clever. It is not smart and this sort of appalling mercenary behaviour is better left to likes of Alan Joyce.
I am with Michelle – a big BOOOOOOO! I liked the bike shop and loved the cafe but Bill needs a big wake up call on ethical behaviour. He should know better than to shit on his own local community.
So sorry to hear this – I had no idea
Let us know if we can do anything to help.
I can’t believe what I am reading here – did Human Powered Cycles management actually STRIP out a operating cafe that does not belong to them – BEFORE a VCAT hearing was to take place on Monday 17th? Whoever was responsible for those foolish actions is clueless about the Retail Leases Act.
Well, it has to be said; unless you guys have left out some details (HPCycles don’t seem to have bothered with putting their own version of events up on their site), then it looks pretty clear-cut: they’re a bunch of jackasses.
I almost bought a Linus Mixte from them last year for my partner, but in the end I took her old frame to Commuter Cycles and had them restore it. They did a beautiful, beautiful job and I’ve since become a regular customer.
So I’m glad I didn’t bother with HPCycles, and they certainly won’t be getting my business again.
Best of luck, guys, I hope it all works out for you, and I’ll be sure to tell my friends to steer clear of these prats.
Must be pretty fucking fantastic tasting bread if you ask me.
http://www.wordans.com.au/wordansfiles/images/2010/12/22/60540/60540_340.jpg?1293079895
I suspect that if it was as clear-cut and one-sided, as VCAT would have been very swift to make a restitution order and happy to follow that up with Police intervention. Which has clearly not happened. I suggest those commenting above not be too swift to jump to conclusions without hearing both sides. If you must know, perhaps asking Bill or Matthew directly would work.
VCAT has a number of “lists” (sections) which specialise in particular types of cases.
The VCAT Act governs the general operation of each list; however, the functions of VCAT under enabling Acts are allocated to lists. For this reason, the process often varies between lists.
Variations in how we resolve cases may occur due to the nature of the cases brought to each list. Some cases may take 15 minutes to resolve, while others may take a day. In exceptional circumstances, it may take several weeks to hear a case due to the complex nature of the issues involved.
The process begins when a user of VCAT’s services files an application with the relevant list. To help settle a dispute, a mediation, directions hearing or compulsory conference may take place depending on the case; however, many cases proceed to a hearing. Hearings give parties the opportunity to call or give evidence, ask questions of witnesses and make submissions. At the end of the hearing, a member of VCAT either gives a decision on-the-spot, or writes a decision after the hearing and delivers the decision as soon as possible.
The people involved in a dispute may at any time agree to resolve their differences without the need for a mediation, directions hearing, compulsory conference or a hearing. If the case does proceed to a hearing, there is still an opportunity to settle prior to delivery of the decision.
Decisions of VCAT can be appealed to the Supreme Court of Victoria but only on questions of law.
Bill Bretherton and Matthew Bretherton of Human Powered Cycles have had plenty of opportunities to settle the situation where they attended in person at a mediation session at the Department of Justice in August 2011 or via the VCAT process on 17 October and a full day of VCAT mediation with Bill Bretherton, in person, on 24 October 2011.
They have instead chosen not make a sensible offer to pay damages after escalating the situation after removing our cafe and property. The reasons for illegally evicting the cafe were clearly exposed at the VCAT meeting on October 17 to be incorrect, Bill Bretherton could not quote any item in the Retail Leases Act 2003 where he had the right to take the action he has done.
The longer this continues goes without appropriate resolution or a sensible offer of financial settlement, the higher likelihood of a unpleasant VCAT decision, or even a full tribunal. Also by commencing work on another business at 562 High Street, Thornbury and therefore ignoring a ongoing legal process is not a wise course of action.
Reading about what happened to your cafe makes me think twice even about walking along that section of High Street.
What a bunch of creeps.
To me what happened to your cafe must be the weirdest event in Thornbury during 2011. The Brethertons sound like they have got no idea, conscience or money. I sincerely want you guys to get justice in 2012. Bless.
Myself and some other investors were sincerely interested in opening a cafe there after seeing the space available and refurbished.
Perfect spot for a cafe.
After looking at this website that is the furthest thing from my mind. No wonder they had me relaying message through one of their staff.
I was also going to buy parts for my bike there as well. no longer.
Best of luck starting a new cafe or whatever you plan to do next.
Brett
Leave your response!
Follow us
Recent Posts
Archives
Subscribe to HP Cafe updates
Links to the locals