Sekisui opposes Covid-19 adjournment application in Planning and Environment Court

A judge has heard Covid-19 has made a legal representative for Development Watch unavailable for a key four-day hearing in the Maroochydore Planning and Environment Court.

A crucial hearing in the Planning and Environment Court for the controversial Sekisui House land development application at Yaroomba may be adjourned due to Covid-19.

Development Watch and the Sunshine Coast Environment Council applied for an adjournment in the Maroochydore court on July 11, 2022.

In front of a nearly a full public gallery, Judge Nicole Kefford heard that QC Philip Hack had Covid-19 and was unavailable for the hearing.

“Any attempt for my leader to be a part of the proceedings is problematic at best and dangerous at worst,” junior barrister Andrew Skoien said.

The barrister said it was not an even playing field without having his leader in the courtroom.

Sunshine Coast Environment Council representative Narelle McCarthy was also present via phone due to her need to isolate.

She also expressed concern over not being present in the courtroom.

Lyn Saxton from Development Watch, Jim Moore of Friends of Yaroomba and Narelle McCarthy from the Sunshine Coast Environment Council.

QC Danny Gore, for Sekisui House, opposed the adjournment application.

Among his submissions, he said there was a public interest in the finalisation of litigation.

“There are many cases that can be found at a high level that deal with that proposition,” he said.

He also said the lack of notice for the proposed adjournment affected court resources.

Sekisui House’s development application for land in Yaroomba is back in front of the Planning and Environment Court.

Mr Gore said a Zoom call was an option.

He said if an adjournment was granted, a three-day hearing may be more appropriate.

Judge Kefford said an adjournment would not only affect the Planning and Environment Court, there was also an effect on district court proceedings.

“The demand on court resources is unrelenting,” she said.

She said Ms McCarthy’s appearance via phone did not affect the weight of her submissions.

“I consider her participation by phone just as active as if she was in the courtroom,” Judge Kefford said.

The judge said an adjournment was an option, if all legal representatives were available on August 1 and 2.

She would confirm her decision once all legal representatives had confirmed their availability on those dates.

In 2018, the Sunshine Coast Council approved Sekisui House’s development application that meant it could build a hotel up to seven storeys on beachside land at Yaroomba as well as a residential community of up to four storeys.

Development Watch and the Sunshine Coast Environment Council launched an appeal against the council’s decision in the Planning and Environment Court, which it lost in 2020 in front of Judge Kefford.

Development Watch appealed the decision in the Supreme Court in early 2021.

The Court of Appeal in February, 2022 found three errors of law in the earlier decision by Judge Kefford to dismiss Development Watch’s appeal and approve the application for the beachside resort and development.

The matter was returned to the Planning and Environment Court.

Documents had been submitted to the court, in June, in preparation for the latest hearing.