Percy Treyvaud Stadium: Stonnington Council threatens nearby residents with legal costs
An inner east council wants residents affected by a contentious stadium development to walk away from a Supreme Court challenge. And it’s threatening to sue them if they don’t.
Inner East
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An inner city council is threatening some of its own ratepayers with a $230,000 legal bill if they don’t walk away from a Supreme Court challenge impacting their homes.
Stonnington Council applied to the court to get covenants removed to progress its redevelopment of Malvern East’s Percy Treyvaud Memorial Park, which includes a new $26.7 million indoor stadium.
The covenants — which also affect surrounding homes — are preventing the council from digging up soil so it can build the stadium and an underground carpark.
They were put in place in the early 1900s to control quarrying and to prevent excavations in the park and surrounding homes, and both parties have to agree before any work is done.
Twenty-two objectors — including 14 affected residents — and the council are set to face off in the Supreme Court, with a mention hearing later this month followed by a trial beginning on November 30.
According to the Residents Against The Stadium group, the council used “financial intimidation” and threatened the objectors with footing its legal bill if Stonnington won in court.
But the council believes its costs, tipped to be about $230,000, shouldn’t be footed by the wider community.
Group supporter Brendan Murphy, whose property backs onto the reserve, described the council’s alleged tactics as “abhorrent”.
Ratepayers Stonnington president Dean Hurlston, who is one of the affected residents, said the covenants were part of surrounding residents’ property rights.
“The residents are more than happy to accept the supreme court’s decision,” he said.
“What isn’t acceptable is the council using financial intimidation tactics against its residents.
“Council simply wants this to not go to court at all costs and the council should have honourably dealt with this matter years ago, before they progressed and finalised a $46 million project they knew they couldn’t progress with these covenants in place.”
Chief executive Jacqui Weatherill said the council had already made a without prejudice offer which was rejected.
She said the council’s request to seek legal costs if successful in court was a standard approach in such legal proceedings.
“Council has at all times worked in good faith with the local community during the development of the masterplan for Percy Treyvaud Memorial Park,” Ms Weatherill said.
“Council is of the view that the increasing cost and delay to the process should not be borne by ratepayers and the wider community.”
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