Gold Coast Council’s $48m Bruce Bishop carpark sale to be halted for court case

THE $48m sale of Surfers Paradise’s Bruce Bishop Carpark is set to be halted after a community group won the right to pursue a legal case against the Gold Coast City Council.

The Bruce Bishop car park court case between council and a leading community group is alive again.

Save Surfers Paradise Inc has been granted special leave by the Queensland Attorney-General to continue its case against the council to stop the $48 million sale of the Surfers Paradise car park.

Bruce Bishop carpark. Photo: Supplied

PARKING FEES TO FALL AT CARPARK AFTER SALE

The Supreme Court last month struck out part of the case on the basis that SSPI, as a recently formed community group, lacked legal standing to enforce public law obligations against the council.

SSPI always maintained the Supreme Court decision did not dismiss the entire case, leaving it open for it to continue with its claims that the council has engaged in allegedly deceptive and misleading conduct in relation to the car park sale.

Council voted to sell the carpark last month. Picture: Jerad Williams

SSPI secretary Deborah Kelly told the Gold Coast Bulletin: “By granting her consent, the Attorney-General has recognised the significant public interest in the case being brought by Save Surfers Paradise against the Gold Coast City Council, challenging its decision to sell the Bruce Bishop Car park.

GC Deputy Mayor Donna Gates says she expects the sale of the Bruce Bishop car park to be halted now Save Surfers Paradise has won the right to pursue their legal case against council.

— Elise Kinsella (@EliseK53) September 7, 2018

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“The Attorney-General has granted us a special privilege, one that is not granted every day and we are deeply grateful.”

“It’s a great victory for the community, and for jobs, business viability and residential amenity in Surfers Paradise and the surrounding suburbs.”

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

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“It means that the council’s decision to sell this valuable community asset, a decision taken without public consultation or prior notice, will be fully examined by the court.

“The council has done everything possible to prevent the sale decision being considered on its merits by the court. If they are so sure that they have made the right decision, why have they fought tooth and nail to prevent it being reviewed by the court.”

The case is expected to run through the usual pre-trial processes with a Statement of Claim to be filed within 28 days.

The Gold Coast Bulletin understands conduct of the case is to be overseen by the Attorney-General and Crown Solicitor, and will be heard by the court in 2019.

SSPI maintains the council cannot proceed with any sale plans while all matters remain before the court.

The Bulletin is awaiting a response from council to the latest development.