The Wagner family’s long-running fight against council charges has been decided by the High Court
It’s a multimillion-dollar fight between Toowoomba business titans the Wagners and Toowoomba Regional Council. Now it’s at an end.
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The Wagner family has lost its long-running fight against Toowoomba Regional Council's levying of millions in infrastructure charges at their Wellcamp Airport and Business Park developments.
The High Court on Friday refused the Wagners' application for special leave to appeal, saying "we are not persuaded that it raises a question of principle suitable for the consideration of this court" and awarded costs of the legal proceeding to the council.
Toowoomba Regional Council welcomed the decision.
TRC CEO Brian Pidgeon said this had brought an end to a lengthy legal appeals process.
"The refusal to grant leave means that the Court of Appeal's decision delivered on September 7, 2020 will stand," he said.
"This decision doesn't just impact our local government, but supports the position adopted by all local governments within Queensland.
"The Court of Appeal's decision ensures that developers will be responsible for payment of infrastructure charges relevant to their developments. If that were not the case then the obligation to fund infrastructure would fall to the community, and council would ultimately need to fund these works from its rates base.
"Council has always worked with Wagners and the State Government to facilitate development at the Wellcamp airport land.
"This dates back to council's efforts and partnership with the Wagners to achieve the initial airport approvals and many supporting developments since that time."
"Council endeavours to adopt a positive, fair and equitable relationship with the Wagners group, as it does with all developers.
"It is unfortunate that council had no choice but to engage in the legal dispute, originally initiated by the Wagners, in order to protect the interests of the wider community.
"Accordingly, council had no option but to participate in the court action.
"Toowoomba Regional Council will continue to work with the developer to bring jobs and economic growth to the Toowoomba Region."
The legal dispute between the two parties began in 2017.
Originally published as Wagners lose long-running multimillion-dollar fight against council
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