Jonathan Horton to head High Court challenge over invalid waterfront levy payment

A southside council has employed a high-profile King’s Counsel in a last-ditch attempt to overturn a court order forcing it to repay millions to waterfront landowners. SEE THE TIMELINE

Senior barrister Jonathan Horton will represent Redland council in its High Court challenge to overturn a Supreme Court order to make it repay millions it received as part of an invalid waterfront levy.

One of the country’s leading barristers will head up a southside council’s High Court bid to overturn a successful class action ruling which ordered it to repay millions of dollars to waterfront land owners.

Prominent King’s Counsel Jonathan Horton will represent Redland City Council’s High Court challenge, if the court grants the council the right to appeal.

The appeal is a last-ditch attempt to overturn a Supreme Court order and subsequent appeal, both of which resulted in the council being ordered to repay Special Charges levy payments to waterfront estate ratepayers.

Mr Horton is a well respected barrister who made headlines after questioning former CCC chairman Alan MacSporran over his role in the dismissal of eight Logan City councillors last year.

The council litigation follows landowners winning a landmark class action in the Supreme Court in 2021 and a subsequent appeal in the Appeal Court this year.

The Appeal Court order ensured the council would repay the remainder of levies collected and spent in the waterfront areas between 2014 and 2017.

In a closed-door meeting last week, Redland council voted unanimously to challenge the appeal outcome.

Raby Bay canal estate landowners had to pay a special charge for six years before the council deemed it not validly levied

Redland council has asked for an indemnity from the Queensland Local Government Mutual Liability Pool so it could proceed with the case.

The council had also written to the state government asking it to change the Local Government Act to stop class action claims where there has been no financial loss to claimants and where public works have been provided.

In its latest monthly report on cash reserves, council documents showed there was $857,000 in all council special charge reserves.

Redland council was contacted for a comment.

“This matter is considered to be confidential and the council is satisfied that discussion of this matter in an open meeting would, on balance, be contrary to the public interest as it deals with legal advice obtained by the local government or legal proceedings involving the local government including, for example, legal proceedings that may be taken by or against the local government,” the council said at last week’s meeting.

Shine Lawyers Class Actions Practice Leader Tristan Gaven was notified of the council decision to go to the High Court on Friday.

“We look forward to continuing to represent ratepayers in their fight to recoup the millions of dollars they were unduly charged,” he said.

Canal and waterfront estate ratepayers paid the levy from 2011 to 2016.

Waterfront property owner Simon Akero, who was part of a successful class action against the council this year, said the council’s latest decision to launch a challenge was more waste of ratepayer money.

Mr Akero said the action started after the council deemed the charges were not validly levied in 2017 and then repaid waterfront ratepayers a small percentage of the levy.

Court documents showed Mr Akero paid $2529.75 over the period and received a refund of $89 in November 2017.

Waterfront estate owner Simon Akero and his wife Sarah want their levy repayments repaid in full.

“The council has repaid me about 3 per cent of what I paid on the levy over that period and now I am waiting for the remainder,” he said.

“The levy is still deemed invalid after a Supreme Court case and the council losing its appeal.”

The High Court will have to accept the action request before any proceedings can take place.