A burgeoning Margaret River brewing firm, which has merchandise in bottle retailers round Australia, has taken its landlord to the Supreme Court docket over a carpark spat which threatens to see the enterprise kicked out of its flagship brewpub.
Cheeky Monkey Brewing Co submitted a writ on Monday in search of to restrain the landowner of the location they lease, Wilyabrup Investments, from the Caves Highway premises and invalidate a pair of default notices which included a declare of improper use of carparks.
A brewery licence was granted for the location by the earlier landowner, Wiseowl Investments, in 2014.
Cheeky Monkey claims a deed of licence courting again to 2012 with the previous landowners granted using a paved parking web site and two additional areas for ‘overflow’ carparks. The enterprise additional states the premises obtained improvement approval for a change of using the location from ‘cellar door, restaurant and microbrewery’ to ‘tavern’ in 2016.
Wiseowl bought the 14 hectare block – which incorporates the brewpub, winery, cellar door and homestead – in December final 12 months for $4.45 million to Wilyabrup Investments.
Two weeks in the past Wilyabrup Investments is claimed to have served a discover on the brewers alleging that they had no proper to make use of the overflow areas and referred to as on them to cease utilizing the carparks, apart from the paved one, in any other case their lease could be terminated.
A Fb submit by Cheeky Monkey final Friday said it was open for bookings solely over the weekend due to “some unlucky parking restrictions”.
The 2 firms had been as a consequence of seem earlier than a decide for a particular appointment on Thursday afternoon.
Cheeky Monkey and the proprietor of Wilyabrup Investments had been contacted for remark.
The beer producers have expanded in recent times with the development of a separate major brewing location half-hour away from the brewpub two years in the past in Vasse.
Cheeky Monkey obtained a $350,000 grant from the state authorities earlier this 12 months to improve their packaging facility and create a secondary packing web site.