Gladys Berejiklian removes herself from Meriton, Harry Triguboff court battle

The NSW Premier has successfully removed herself from a major court battle against Meriton and Harry Triguboff with the billionaire Sydney developer’s Macquarie Park development facing skyrocketing costs as the case drags on.

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Premier Gladys Berejiklian has had a major win in her court battle with Meriton, headed by billionaire developer Harry Triguboff which will end up costing the developer a further $3.8 million.

In a judgment handed down in the NSW Land and Environment Court this morning, Ms Berejiklian has successfully removed herself from a court battle over the development of Meriton apartment complex in north west Sydney worth “half a billion dollars”.

Mr Triguboff was not a party to the proceeding.

Late last year the Premier ordered a halt to major new and existing development proposals.

In a further blow to the company’s construction arm Karimbla, their application to get access to further documents on the case — a process known as “discovery” — was also knocked back.

The Daily Telegraph can also reveal Member for Ryde and Customer Service Minister Victor Dominello was the driving force behind the halt in development in his north west Sydney electorate.

Harry Triguboff in his office in Meriton Tower, Sydney. Picture: Jonathan Ng

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The court had previously heard the delay of the 1270 units on Talavera Rd, Macquarie Park, was costing the company $50,000 per day and putting thousands of jobs at risk.

Meriton general counsel Joseph Callaghan said outside court: “It is unfortunate that these proceedings are required at all”.

“We maintain that the continuing delay on Meriton’s planning proposal at Talavera Rd is unreasonable,” Mr Callaghan said.

“Particularly when one considers the proposal’s endorsement by every relevant body, including the Greater Sydney Commission, before the Premier ordered the Assurance Review at the behest of the local Member for Ryde, Victor Dominello.”

Meriton will also have to pay costs to government lawyers the Crown Solicitor’s Office, according to Judge Tim Moore.

Victor Dominello at the proposed site. Picture: John Appleyard

The proceedings, which carried over from the previous week, also revealed Mr Dominello was front and centre of a push to halt major developments in his north west Sydney electorate in the lead up to the March state election.

There is no suggestion this action was illegal or improper.

The Greater Sydney Commission and then Planning Minister Anthony Roberts remain a part of the proceedings, which, if mediation fails, will return to court for a two-day trial starting August 21.

Premier Berejiklian said to “bring it on” at the time of the summons. Picture: David Swift.

Considering Meriton’s assertion that they are losing $50,000 a day from the halt in development, this means the company is set to lose about $3.85m between now and the trial date.

The development consists of four towers, the biggest of which is 42 storeys.

It became the centre of a debate about overdevelopment in the lead up to the state election.

Ryde Council recommended to refuse the development in December 2018.

Barrister Jeremy Kirk SC, representing the Premier, told the court last week the assurance review was not targeting a specific developer.

“It is not all about Meriton,” Mr Kirk told the court.

In a summons filed days before the March 23 election, Karimbla Constructions claimed planning body the Greater Sydney Commission “does not have the function” to recommend the Premier stop major developments in Ryde for 12 months.

This moratorium applies to new and existing planning proposals.

Meriton is also demanding the Department of Planning and Ryde Council increase the floor space ratio and height controls at the site — which runs next to the M2 motorway — boosting the number of units Karimbla can build.

At the time of the summons, Ms Berejiklian told The Daily Telegraph: “bring it on”.

“I will always stick up for residents and local communities,” she said May 14.

Meriton founder Harry Triguboff, who is worth $12.31 billion and is Australia’s third-richest person, said the government “can’t move the goalposts like that.”

In December last year the Premier announced a public inquiry, to be run by the GSC, into overdevelopment in Ryde Council area.