Port Augusta Council in property sale dispute after selling homes to recover rates

When some residents refused to pay their rates the Port Augusta Council took the bold step of selling their properties. Now a bitter legal fight has started.

Port Augusta Council offices. Picture: Supplied

A council in the state’s north is involved in a bitter legal dispute with two property owners despite lawyers claiming the case is “devoid of merit”.

On Saturday, Chief Executive Officer of Port Augusta City Council John Banks issued a public statement saying they have been in a legal dispute with Trevor Robertson and Kendall Jones for a “number of years” for their “failure to pay rates on properties which they previously owned”.

“Despite many requests for Mr Robertson and Ms Jones to pay rates on these properties like every other rate payer does they refused to do so and so council sold these properties at public auctions held last year,” he said.

“Mr Robertson and Ms Jones have attempted to challenge the decision of Council to sell their properties for non-payment of rates in civil proceedings taken by them in the Magistrates Court and the Supreme Court.

Media release published by the Port Augusta Council. Picture: Facebook

“Those proceedings have either been abandoned by them or their claims have been rejected by the courts.”

Mr Banks said Mr Robertson haS recently commenced a private prosecution in the Port Augusta Magistrates Court with the council, but lawyer Andrew Harris KC has informed the council that it won’t be successful.

“Mr Harris said that if Mr Robertson went on with the case that it was doomed to failure as it was legally hopeless,” he said.

“(He) informed Council that Mr Robertson’s case was devoid of merit.”

Mr Robertson has charged the council with charges including one count of stalking, 45 counts of intentionally damage or alter a record of authority, 47 counts of dishonestly deal with property as an instrument of crime and 44 counts of dishonestly dealing with documents.

“(The private prosecution) attempts to re-open issues which have previously been abandoned by them or on which he and Ms Jones have already failed in court,” Mr Banks said.

“The Council utterly rejects the allegations made by Mr Robertson in these proceedings and will at the first opportunity ask the Court to summarily dismiss the case.”

Mr Banks said Mr Harris attended a Special Council Meeting on June 20 where he provided information to the elected members about the legal proceedings.

The case will be heard in the Port Augusta Magistrates Court on Monday.