CARPARK BATTLE HEATS UP
‘An outrageous misuse of power’
A COMMUNITY group fighting the sale of the Bruce Bishop carpark at Surfers Paradise is slamming council’s $200,000 demand for potential court costs as an “outrageous misuse of power”.
Gold Coast City Council lawyers have called on Save Surfers Paradise Inc to cough up $200,000 as “security” if a court costs order arises against the group.
But Save Surfers Paradise spokeswoman Deborah Kelly said it “can only be seen as a blatant attempt to stifle community concern and opposition by (the) community representative group”.
The demand has emerged days after the Bulletin revealed the State corruption watchdog will investigate Mayor Tom Tate and council CEO Dale Dickson over the decision to sell the carpark.
A COMMUNITY group fighting the sale of a Surfers Paradise carpark is slamming council’s $200,000 demand for potential court costs as an “outrageous misuse of power”.
Gold Coast City Council lawyers have called on Save Surfers Paradise Inc to cough up $200,000 as “security” if a court costs order arises against the group.
But Save Surfers Paradise spokeswoman Deborah Kelly said it “can only be seen as a blatant attempt to stifle community concern and opposition by (the) community representative group”.
A March 1 letter by law firm Clayton Utz, acting for council, contains the demand and has emerged days after the Bulletin revealed the State corruption watchdog will investigate Mayor Tom Tate and council CEO Dale Dickson over the decision to sell Bruce Bishop Carpark.
Save Surfers Paradise – made up of leading lawyers, a retired judge and a businessman – had originally gone to the Supreme Court in late January in a bid to block the carpark sale.
The council intends to defend that application and the March 1 Clayton Utz letter estimates council’s costs to do so will exceed $350,000.
“... to ensure ratepayers money is not wasted, it is necessary adequate security be provided for any cost orders that may be made against Save Surfers Paradise Inc,” Clayton Utz wrote.
It goes on to request payment to the court of $200,000 as one option or a bank guarantee.
But Ms Kelly hits back at the council in a March 2 letter, calling the $200,000 demand “a thinly veiled pressure tactic to try to dissuade Save Surfers Paradise from prosecuting our case against the council”.
“We find it extraordinary the council is using its significantly stronger position and recourse to unlimited ratepayer funds to intimidate and apply pressure ...”
Her legal advice was council’s application for costs would fail because her group is a community one, its court action is in the public interest and council must be open and transparent, she wrote.
Ms Kelly said: “This is an outrageous misuse of power in our view. It is a David and Goliath fight.”
Asked to respond yesterday, a city council spokesperson said: “This is about ensuring ratepayers are not exposed to legal costs.”
The skirmish has emerged days after the Crime and Corruption Commission confirmed it would investigate allegations involving Mayor Tate, Mr Dickson and the sale of Bruce Bishop Carpark.
Allegations lodged by Save Surfers Paradise include concerns about Cr Tate handling Mr Dickson’s contract renewal as the latter was negotiating the sale of council land at the Surfers Paradise Bowls Club to Cr Tate’s development group. The land is opposite the carpark.