Bisinella sues COGG for $8m damages

BISINELLA Developments has claimed $8 million in damages against the City of Greater Geelong over the development of industrial landholdings between Corio and Lara.

In a brief first hearing at the Supreme Court of Victoria yesterday morning, the court heard the company had spent about five months compiling accounts, values and quantity surveyor reports to put a dollar figure on its claim.

Bisinella Developments al- lege the council acted negligently and its officers illegally in the development of industrial landholdings between Corio and Lara as part of the Geelong Regional Employment Precinct (GREP).

It claims council had a conflict of interest and gave itself an unfair advantage in developing the estates by delaying permits to Bisinella while fasttracking its own.

Court documents filed earlier in the year by CoGG asked the court to have any damages struck out given Bisinella hadn’t identified a “quantifiable amount” of its alleged loss.

However, the company’s lawyer, Christopher Caleo QC, said all parties had since agreed to give his client time to prepare reports that would identify the amount in question.

He said “three expert reports” had been prepared including a “principal accounts report”, “a values report” and a “quality surveyor report”.

The court heard lawyers for CoGG had extended the filing deadline for these twice and the experts were expected to give evidence when the trial — that looks to be more than 18 months away — takes place.

Then City Hall officers listed as defendants to the action are Terry Demeo, Bill Johnsen, David McArthur, Melissa Garrett and Peter Bettess.

“Garrett and Bettess improperly delayed the proceeding of the Bisinella permit application in order to give McArthur, Demeo and Johnsen time to establish a justification for charging Bisinella the costs of developing drainage in the Elcho Catchment,” the writ states.

Bisinella alleges council tried to minimise costs for themselves, making contributions other landowners had to pay unfair and unlawful.

Council officers also “sought . . . to facilitate the economic development of the council’s own interests in the GREP,” it says.

The court heard this morning CoGG was going through “10,000 documents” and “500,000 pages” in preparation for a defence that’s expected be filed in early October while individual defendants are expected to be filed by mid September.

It was also heard the trial isn’t expected to start until 2019 and will take at least four weeks.