MotoGP court case grinds to halt
A Queensland video game developer’s bid to halt the MotoGP Adelaide street circuit redevelopment has hit the brakes.
Premier Peter Malinauskas has welcomed news that Queensland video game developer Joshua Hogan has withdrawn his legal bid to halt redevelopment works on the $96 million MotoGP Adelaide street circuit.
Judicial registrar Michael Buckingham, acting on behalf of federal Judge Erin Longbottom, told the court on Thursday morning that Hogan wished “to discontinue the proceedings with no order as to costs”.
Hogan told the court that he just wanted to “get this over with”, citing “pretty bad” depression issues.
At the first hearing in October, Hogan revealed he is a major motorsport fan, but raised concerns about soil testing activities in the Adelaide Park Lands without First Nations consultation and rider safety associated with the new track.
At the court hearing today, lawyers representing the state government and Federal Environment Minister Murray Watt revealed they did not wish to seek costs for the case, however, Liberty Media Corporation and Federation Internationale De Motocyclisme (FIM) would be seeking costs from Hogan.
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“Their position is simply that costs should follow in the ordinary course and in the manner provided for by the federal court rules following a discontinuance,” lawyer Jeremy Armour, who was acting on behalf of Liberty Media and FIM, said.
The development is expected to see the felling of more than 370 trees for the 4.13 kilometre street circuit.
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)”.
However, last Tuesday redevelopment works on the MotoGP circuit were given the green light from the National Environmental Protection Agency and Federal Environment Minister Murray Watt.
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The decision meant the project could progress without further assessment under the EPBC Act, provided “specified environmental protection measures” are implemented by the redevelopment team.
Malinauskas said today the case being dropped was “another legal hurdle” the state government had overcome in the circuit redevelopment.
“We are very grateful for that news, obviously, there have been a number of pieces of legal action that oppose to the Victoria Park upgrade,” he said.
“The state government has prevailed in all of them thus far, that is good news and it means we are able to progress particularly considering we’ve now got the federal environmental protection authority’s approval as well.”
It 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.
Kemp Attrill and Milera face costs of up to $550,000 after losing their federal court bid over the North Adelaide Golf Course plans.
A second legal bid to halt the redevelopment was launched by the South East City Residents Association (SECRA), after receiving “legal advice that there are actions under the Motor Sport Act 1984 (SA) and the Environment Protection and Biodiversity Conservation Act (Cth) with a reasonable prospect of success”.
A hearing date for SECRA’s legal bid is set for November 17.
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