Kerry Stokes-backed developer accuses top SA lawyers of ‘vexatious’ legal action against $48 million apartment tower

Some of the state’s best legal eagles are seeking damages from a Kerry Stokes-backed developer over construction of a neighbouring apartment tower.

A collective of some of the state’s top legal minds is battling a Kerry Stokes-backed developer over the construction of a neighbouring $48 million apartment tower.

Carrington St-based Bar Chambers — whose shareholders are 16 highly paid barristers including Lindy Powell QC, Mark Hoffmann QC, David Edwardson QC and Sam Abbott SC — has launched court action against Melbourne-based Flagship Property Holdings which wants to build a 24-storey tower behind the lawyers’ state heritage-listed office.

In an application filed with the Environment Resources and Development Court, Bar Chambers is seeking unspecified damages from Flagship, and builder Maxcon, claiming they failed to take “necessary precautions” to “minimise harm” to neighbours during demolition works of the existing four-storey building.

Bar Chambers also claims that Flagship — which is majority owned by Stokes’ Seven Group — conducted demolition in breach of its approval.

It is also claiming, in a separate court action against the State Planning Commission, that the proposed Penny Place tower, comprising 152 apartments next to the Federal Court building, should never have been approved.

Flagship and Maxcon have denied any wrongdoing and that the demolition complied with conditions of their approval.

Flagship’s Penny Place apartment tower would sit behind Bar Chambers (bottom left) off Carrington Street

Mr Hoffman QC said in an affidavit filed with the court that he had “personally observed” on “numerous occasions” between November 10 and December 12 site works happening before the approved 7am.

“On 13/12/18 the second respondent (Maxcon) or its contractor was working on site from 6.30am and had blocked Nelson Street with a … truck loading scaffolding,” he said.

“Jackhammers were operational from 6.50am. As to the use of water … on no occasion to my observation has the site been sprayed with water. Only very limited water spray has been used while actual demolition appeared to be underway.”

Lawyer James Roder, acting for Bar Chambers, wrote to the Crown Solicitor’s Office on December 5 claiming Flagship had “fragrantly (sic) breached” conditions of its approval, including claims a contractor had use the site “as if a quarry”.

Noise and vibration monitoring by consultancy Sonus, over four days in December, found noise levels did not “promote a healthy, comfortable or productive environment”, according to a report lodged with the court.

Bar Chambers has separately sought an order quashing approval of Flagship’s initial proposal claiming that the project was “miscategorised” for public notification purposes.

The project, approved last February, was classed Category 1, preventing public comment on the plans.

Flagship lodged new plans on December 7 — three weeks after Bar Chambers launched its court action — which increased the tower’s height by three storeys.

The State Planning Commission classified the new project Category 2, triggering mandatory notification of neighbours.

A spokesman for Flagship said Bar Chambers’ legal action was “vexatious” and that the company had fulfilled its requirements.

“It’s a shame that the neighbouring lawyers wish to waste the court’s time … from what is a very valuable development for the people of Adelaide,” he said.

Mr Hoffmann decline to comment as the matter was before the courts.