Level 21 333 Collins Street Melbourne Victoria 3000 Australia DX38455 Melbourne www.abl.com.au
6 August 2015
Telephone 61 3 9229 9999 Facsimile 61 3 9229 9900
By E-mail
Your Ref Our Ref PJM File No. 011863427
Bruce McNab AMC Law & Associates
[email protected]
Contact Phillip Mathers Direct 61 3 9229 9705 Facsimile 61 3 9229 9995
[email protected]
Dear Bruce Thanasis Raptis Cafe at 333 Collins Street, Melbourne We refer to your letter of today. Our client has given the matter consideration and instructed us to respond by stating categorically that it never made any representation to your client that he would have a “captive audience” in excess of 3,500 tenants. In answer to your client’s enquiry, he was simply advised that there were approximately two and a half thousand security cards on issue for the building. Your client purchased the business solely on the basis of the terms of the existing lease without any promotion or representations by the landlord. Your client is entitled to no more and no less than whatever the lease provides under the heading of exclusivity. Our client wishes us to emphasise that its offer of 5 August 2015 was made as a “package deal” and is not able to be “cherry picked” by your client. In the circumstances, unless the offer is accepted by not later than 5:00 p.m. on Friday 7 August 2015 it will be withdrawn (and with it all prior concessions and changes offered) and the landlord will be happy to take up your client’s suggestion that an independent market valuation be obtained. Yours faithfully Arnold Bloch Leibler
Phillip Mathers Legal Executive
ABL/4418465v1
Partners Mark M Leibler AC Henry D Lanzer AM Joseph Borensztajn Leon Zwier Philip Chester Ross A Paterson Stephen L Sharp Kenneth A Gray Kevin F Frawley Michael N Dodge Jane C Sheridan Leonie R Thompson Zaven Mardirossian Jonathan M Wenig Paul Sokolowski Paul Rubenstein Peter M Seidel Alex King John Mitchell Ben Mahoney Sam Dollard Andrew Silberberg Jonathan Milner John Mengolian Caroline Goulden Matthew Lees Genevieve Sexton Jeremy Leibler Nathan Briner Jonathan Caplan Justin Vaatstra Clint Harding James Simpson Susanna Ford Tyrone McCarthy
Senior Litigation Counsel Robert J Heathcote
Senior Associates Sue Kee Benjamin Marshall Teresa Ward Christine Fleer Nancy Collins Kimberley MacKay Andrea Towson Daniel Mote Laila De Melo Anetta Curkowicz Damien Cuddihy David Robbins Krystal Pellow Jeremy Lanzer Neil Brydges Gia Cari John Kim Tanya Bastick Katharine McPherson Albert Ounapuu Emily Simmons Liam Thomson Jason van Grieken Elyse Hilton Amelia Smith Anna Parker Richard Janko Meagan Grose Ben Podbury Bridget Little Charles Gardiner
Consultants Allan Fels AO
