Council’s shock admission about controversial car park sale

CITY hall’s top lawyer says Gold Coast City Council is in ‘uncharted territory’ following a community group’s legal challenge to the controversial $48 sale of the Bruce Bishop car park.

THE City lawyer says Gold Coast City Council is in “uncharted territory” following a community group’s legal challenge to the sale of the Bruce Bishop car park.

After the council won the first court battle against Save Surfers Paradise (SSP) on the group’s legal standing, city leaders announced the $48 million sale to the Melbourne-based Care Park and Far East Consortium as a great win for ratepayers.

But council now admits “we don’t have a contract of sale” and that if one arrives in the next few weeks it will have a clause about the outstanding legal action.

PARKING FEES TO FALL AFTER CARPARK SALE

The Bruce Bishop carpark in Surfers Paradise. Picture: Jerad Williams

The case is unlikely to be heard by the Supreme Court until next year which puts a cloud above plans to build the $125 million cultural precinct without council borrowing money.

Council CEO Dale Dickson declined to make public comment until he receives more information as to why Attorney-General Yvette D’Ath granted SSP a “fiat” so it could continue its application which alleges misleading and deceptive conduct.

Bruce Bishop carpark. Photo: Supplied

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City solicitor David Montgomery advised Mr Dickson that council would seek from SSP and the department the terms and conditions of the “fiat”.

“How the matter is to be dealt with into the future is also unknown,” he wrote.

“There is still the issue of the Judgement having been given by the Supreme Court and if that results in the proceedings having to be reissued or somehow reinstated.

“These procedural issues are being considered presently. The decision is very unusual and effectively council is in somewhat uncharted territory.”

WHAT WENT ON BEHIND CLOSED DOORS BEFORE THE BRUCE BISHOP SALE

Council CEO Dale Dickson is awaiting legal advice. Photo by Richard Gosling

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Mr Montgomery told Mr Dickson that SSP had 28 days to file and serve a statement of claim.

“The implication (of the Attorney-General’s decision) is that the whole application is now again to be heard by the court,” he wrote.

“Council has not received any formal documentation or clarity as to what has been approved by the Attorney-General other than the email advice from SSP that the fiat has been granted.

“Without the formal documentation being provided council is unable to respond further at this time.”

Councillors expect they may receive either an informal briefing or a report when full council meets late next week.

SSP believes the Attorney-General has granted fiat due to the strong public interest in the case and merit of its legal argument.

“They (the council) are in uncharted territory now,” SSP secretary Deborah Kelly said. “The proper course for council is to do absolutely nothing (regarding the sale), maintain the status quo and the case is heard by the court.

Protest rally to save the Bruce Bishop carpark in Surfers Paradise. Picture Glenn Hampson

“It’s a very rare privilege to be granted fiat. It’s only granted when the Attorney-General has taken advice from the Crown Solicitor, and the Crown Solicitor has both reviewed the case and the legal opinion supporting the case.

“We had to provide legal advice. Our QC’s opinion said we had a very good prospect of success. The case has (now) been given the nod by the highest legal authority in the State.”