$100k counterclaim against Port Augusta Council follows its move to recover unpaid rates
The owners of a regional garden centre are suing their council for almost $100,000, claiming lost income due to poor advice over a toilet, bad road upkeep and confusion over their address.
SA Business
Don't miss out on the headlines from SA Business. Followed categories will be added to My News.
- Aggressive behaviour forces Port Augusta Council to suspend forums
- The Advertiser +Rewards – subscriber giveaways, offers and comps
A regional council’s attempt to claw back $4000 in unpaid rates has resulted in a counterclaim for almost $100,000 following a string of complaints.
Port Augusta Council has moved to recover $4088 in rates from two properties, fines and legal fees from Trevor Matthew Robertson and Kendall Eraina Jones, prompting the pair to launch a counterclaim which is unresolved despite mediation.
Mr Robertson and Ms Jones have also been circulating a petition calling for State Parliament to dissolve the council amid a string of complaints, including financial issues and not listening to the public.
“The Port August (sic) City Council has failed to exercise its public duties conscientiously with due care and skills at an acceptable level, they have failed to be scrupulous in the use of public property and information and they failed to be prudent in their management of public resources,” the petition states.
In response, Mayor Brett Benbow said the council strongly refuted the allegations and the council was committed to acting in the community’s best interests.
He said residents who had concerns about the council should raise them with administration, the State Ombudsman or Independent Commissioner Against Corruption.
The council in September was forced to suspend community forums following abuse from the public gallery.
In documents lodged at the Adelaide Magistrate’s Court, the Homestead Gardens owners say the council changed the property’s address several times, without giving proper notice.
They claim this meant they were unable to accurately advertise its location and customers could not find it, resulting in income loss.
Mr Robertson and Ms Jones said the council did not tell them the nursery needed an accessible toilet until after it had development approval, which led to extra redesign costs.
They said they were forced to put off a renovation of the manager’s residence and therefore could not rent out their other property in Port Augusta.
The council did not advise them of rebates provided to start-up businesses, Mr Robertson and Ms Jones said.
“The defendants have (also) suffered a loss of business from customers unable to access Homestead Gardens due to the poor condition and unsafe nature of the road, their counterclaim states.
They are seeking more than $97,000 from the council, which includes their legal fees.
Court documents show the matter has been adjourned until December 17 to allow the defendants time to prepare an “accurate statement of loss”.
In response, the council said it was not required to advise Mr Robertson and Ms Jones of the need to build an accessible toilet at the planning assessment stage, as that aspect was considered when developers applied for building rules consent.
Its policies, including those covering rates rebates for start-up businesses were advertised online and at its offices.
MORE NEWS
Port Augusta’s wharf problems leave fishing, tourism struggling
On the beat with Port Augusta’s City Safe patrol
It said Mr Robertson and Ms Jones had “failed to particularise the damage suffered and how the quantum of loss has been reached” and denied they were entitled to damages.
The council said Australia Post in 2014 wrote to ratepayers affected by a rural addressing scheme notifying them of their new addresses.
Since March 2015 the council had confirmed the property’s address several times.
It said the road abutting the garden centre had been graded three times this year and its maintenance duties revolved around protecting road users from “physical harm”, rather than protecting commercial enterprises from “economic loss”.