Govt reveals pay back price over golf course legal action
The Premier says the government wants $150,000 from park lands protesters over the North Adelaide Golf Course court action.
Premier Peter Malinauskas has revealed the state is seeking $150,000 in damages from Edwin Kemp Attrill and Janette Milera after the state won its federal court case over the North Adelaide Golf Course plans.
“The recoverable costs that we’ve been advised are somewhere in the order of $450,000 to $550,000, potentially depending on what the court orders,” Malinauskas said.
“But in order to settle this, we’re making and giving him an opportunity to accept a payment of $150,000, which we think represents a balance between the competing interests, not trying to be punitive towards Mr Attrill but at the same time not setting a bad precedent that would be at the expense of taxpayers.
“We don’t want to sort of act in a way that results in a punitive punishment on this, but at the same time, we’ve got an obligation to protect the interests of taxpayers, including from potential litigants in the future, who will seek to hurt the taxpayer in a way that they do so with impunity or with reckless abandon to the implications to the taxpayer.”
Kemp Attrill’s lawyer Ted Hui said the request would “have a huge financial impact on my clients”.
“This would be discouraging for people exercising their legal rights to protect the environment. We will be reviewing the offer and case precedents in preparation of legal arguments.”
Milera was defiant, saying “I’m not going to pay them while they damage my country”.
While Kemp Attrill said “the park lands are worth fighting for”.
Kemp Attrill raised about $70,000 via a GoFundMe to fund the case, which he said went to court fees. At the time of writing, the GoFundMe is no longer taking donations.
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Lawyers Ted Hui and Arturo Dal Cin, representing Kemp Attrill and Milera, worked pro bono.
It comes after Federal Court Judge Natalie Charlesworth dismissed claims earlier this month that a $45 million North Adelaide Golf course project violated national environment and heritage laws.
Kemp Attrill and Milera have until October 29 to appeal the legal decision. Kemp Attrill declined to comment on whether or not he would be filing an appeal.
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