Sunland sues city for $1m
THE SUNLAND Group has filed another lawsuit against the Gold Coast City Council, four months after it was awarded almost $20 million.
The ASX-listed developer lodged a claim against the council in the Supreme Court of Queensland on August 29 for $1 million.
Sunland alleges it paid the council $1 million in infrastructure charges for the development of 67 homes at The Lakes, Mermaid Waters.
It is claimed four payments were “made in response to invalid demands by the council”.
Sunland alleges it objected to the charges at the time but paid them “under protest” and in order to obtain final plumbing approval for the homes so it could get a certificate of classification to sell them.
On May 4, the Planning and Environment Court found the council had wrongly charged Sunland almost $20 million in development fees for the development in five separate notices.
Judge Nicole Kefford ruled the bills sent by the council to Sunland were not valid infrastructure charge notices and did not comply with the Sustainable Planning Act.
The council has appealed against the decision.
The court found the notices were invalid because they did not state adequate reasons for the charge being issued, aside from a statement on each saying it was “as a result of the additional demand placed upon trunk infrastructure that will be generated by the development”.
After the May decision, the council said it had issued “zero” development infrastructure charge notices with the same wording.
A Gold Coast City Council spokesperson yesterday (Thursday) said it would be inappropriate to comment on these matters as they are before the courts.