Council served new legal action

A FAR Northern council embroiled in “complex” and ongoing court matters is the subject of a new legal challenge, as it filed an application to drop a costly defamation matter.

Cassowary Coast Regional Council recently applied to the court to drop a 2017 defamation claim brought on by former chief executive James Gott, against a Bingil Bay couple.

The controversial case had drawn heavy criticism due to CCRC funding the matter, while for years maintaining legal costs would be covered by its insurance provider.

The council unanimously voted in November to advise

Mr Gott that “council had no appetite to continue the indemnification of the matter if there was no prospect to recover costs or damages”.

New CEO Andrew Graffen said council had incurred “considerable costs” and it would explore all avenues to recover money.

However, on Thursday following a confidential legal report presentation, Mr Graffen stated he was now the subject of a legal application by one of the same parties involved in the defamation matter – Stephen “Paul” Toogood.

Mr Toogood said the application seeks to review Mr Graffen’s conduct in relation to authorising a cost agreement with council lawyers.

Mr Graffen said matters with the Toogoods were complex in nature, and Cassowary Coast Regional Council had resolved to engage Connolly Suthers to continue to represent the local government.

“The report provided advice to council of the commencement of yet another action initiated by Mr Toogood against council.

“This matter also includes myself in my capacity as CEO. Council have resolved to again defend this application and considered and approved an application for legal representation for myself.

“This ensures that any costs are minimised and council is not expending funds to bring new legal representation up to speed on years of legal matters,” Mr Graffen said.