Gold Coast City Council wins legal battle against halting $48m sale of Surfers Paradise’s Bruce Bishop Carpark

A HIGH-profile legal battle to stop the Gold Coast City Council’s controversial $48 million sale of Surfers Paradise’s Bruce Bishop Car Park has failed. But opponents to the sale say the fight is not over.

THE Supreme Court has ruled in favour of the Gold Coast City Council in a dispute with a powerful business lobby group over the sale of the Bruce Bishop car park.

The Save Surfers Paradise group, which includes leading lawyers, a retired judge and a businessman, went to the Supreme Court in late January in a bid to block the car park sale.

Both parties appeared again in May for the hearing of the council’s application for an order that the group lacks legal standing to bring the proceedings.

PARKING FEES TO DROP AT SURFERS CARPARK AFTER SALE

Bruce Bishop carpark. Photo: Supplied

HICKS FAMILY ENDORSE DECISION TO SELL CARPARK

The decision was reserved and this afternoon Judge David Boddice ruled in favour of the council.

Councillors earlier this month voted to sell the car park for $48 million so it can build a $125 million cultural precinct without hiking up rates.

The court decision is a win for council but opponents are likely to explore several options which can stall the sale.

“We still have a potential claim against council — the case is not dead,” said Save Surfers Paradise Secretary Deborah Kelly.

BIG CHANGES COMING TO HOTA SITE

The Bruce Bishop carpark will be sold to Care Park and Far East Consortium. Picture: Jerad Williams

FLASHBACK: BRUCE BISHOP CARPARK

“Naturally we are disappointed at the Court’s decision today, but we understand that this area of law is a very grey one, and we were always knew the decision could go either way.

“This does not mean that the case is at an end, however.

“Firstly, SSP is considering whether it should appeal the judge’s decision and has a month to make that decision. We will have our legal team carefully consider the terms of the Judgement to see if there are prospects for appeal.”

GET A NEW SET OF HEADPHONES WITH YOUR DIGITAL SUBSCRIPTION

Deborah Kelly.

Ms Kelly revealed SSP had previously requested the Attorney-General’s “fiat” or permission to continue the case in the public interest, in the event that the court determined the group lacked standing.

“We shall now follow up with the Attorney-General to see whether she will grant consent,” she said.

SUBSCRIBE TO THE GOLD COAST BULLETIN NEWS APP

A rally to halt the carpark sale Picture Glenn Hampson

“It is quite common for the Attorney-General to give consent in cases such as this where a matter of such significance is before the Court, and particularly where it relates to government and council decisions that affect the public interest.

“We shall also ask her to consider the situation in light of the ongoing Crime and Corruption Commission investigation into the circumstances surrounding the proposed sale.”

Council chief executive Dale Dickson welcomed the sale as a “win for ratepayers”.

“It is important to remember that the impending sale of the transit centre makes financial sense because it is a loss making asset and its sale means we don’t have to borrow $48 million to fund the city’s new art gallery, at a cost of over $4 million a year for 15 years,” he said.

“There has been a lot of inaccurate commentary by various individuals about the merits of Council’s decision including claims about carparking availability after the sale; the price of carparking; and the valuation of the property. These have proven to be spurious.

“I remain very confident the council has made this decision for the right reasons and with the public interest very clearly in mind. We will now proceed to finalise a contract and move forward.’’

Mr Dickson said the sale was expected to be finalised by the end of August.

Council will seek costs against Save Surfers Paradise.