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.
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:
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.