Game on: Mystery MotoGP challenger in court
The man taking on the state government over MotoGP has appeared in the Queensland Federal Court and was revealed as a video game developer.
Queensland video game developer Joshua Hogan has appeared in Federal Court for the first time as he seeks an urgent stop to work associated with Adelaide’s upcoming MotoGP.
Hogan, who revealed in court that he has an intellectual disability and is a major motorsport fan, raised concerns about soil testing activities in the Adelaide Park Lands without First Nations consultation and rider safety associated with the new track.
Hogan is representing himself in court. Court documents lodged by Hogan and seen by InDaily claim works on the proposed street circuit were “without a valid statutory referral to, and formal approval by, the Federal Minister for the Environment breaches Section 67A of the Environment Protection and Biodiversity Conservation Act 1999 Act (EPBC Act)”.
The application for an injunction would restrain the state government, MotoGP owner Liberty Media and the global governing MotoGP body Fédération Internationale de Motocyclisme (FIM) from commencing any physical site works, land clearing, road resurfacing and the removal of trees within the Adelaide Park Lands National Heritage boundary for the $96 million MotoGP street circuit layout.
The state government, represented by lawyer Alison Doecke KC, said the application for an interim injunction was “both misconceived” and had “poor prospects”.
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Doecke represented the state government in recent proceedings against a public servant and Kaurna traditional owner on the North Adelaide Golf Course development, where the judge ruled in favour of the government.
The state government is seeking a court ruling to be made by October 23 before a full trial can take place.
Doecke said the timeframe would also allow a response from Federal Environment Minister Murray Watt whether the action is a controlled action and has an impact of national environmental significance which is expected later this month.
“If it is consistent with the state’s position that there is no significant impact and this is not a controlled action, that will be the point at which the state intends to commence its construction [on the MotoGP track],” Doecke said.
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Until Watt’s referral is determined, the state is prevented from commencing the MotoGP circuit redevelopment under the Environment Protection and Biodiversity Conservation Act.
Early works on this year’s Adelaide 500 Supercars event, to be held in November, are also anticipated to begin in late October.
Isobel Leonard, who represented Minister Watt, told the court it was “unusual” and not always necessary for a federal minister to be named as a respondent in proceedings seeking an injunction.
She said Minister Watt was considering his position in the proceedings, but may not file any submissions or take a position in relation to the summary judgment application or originating application.
Federal Court Judge Erin Jane Longbottom has decided to hear and consider an application for summary judgment and the application for interim injunction on the same date. The judge will notify Hogan and the respondents of the next scheduled hearing.
Hogan’s case follows SA public servant Edwin Kemp Attrill and Kaurna traditional owner Janette Milera losing their case against the state government in the Federal Court to stop works on the North Adelaide Golf Course development last week.
Both cases reference the same national environmental and heritage laws, known as the EPBC Act.
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