Building dispute ramps up
One of Australia’s top lawyers is defending a Victorian man against an “oppressive” local government.
High profile lawyer Julian Burnside QC has accused the Wyndham Council of pursuing expensive and lengthy legal action for “trivial” building works, after a man allegedly built a ramp.
Frank Grima has pleaded guilty to two charges of developing land without a permit after he installed a gate and laid a concrete slab at Bailey's Beach Reserve at Werribee South in 2012 and 2013.
But Mr Grima faces a 10-day trial in the Melbourne Magistrates Court because of two further charges over building works that he is contesting, including allegedly constructing a boat ramp.
The council says it was actually quite a large-scale project, requiring two contractors for works including building a sea wall out of rocks, laying crushed rock and installing a drainage pipe.
“This case should be stayed because it's an abuse of process,” Mr Burnside said.
He criticised the Wyndham Council for pursuing legal action after his client had offered to pay $10,000 to settle the three-year dispute without a trial.
Mr Burnside estimated that lawyers for the council would call for prosecution costs of over $150,000 if Mr Grima was found guilty of the remaining charges.
He said prosecutors had filled eight folders worth of “an absurd amount of material” against Mr Grima, including dozens of witness statements.
“It's hard to imagine a more oppressive situation,” Mr Burnside said.
“Perhaps the taxpayers of Wyndham may think those costs would have been better spent collecting rubbish.”
The council’s barrister Justin Foster has told ABC reporters Mr Burnside does not see the seriousness of the offending.
“It's not trivial. It is a fundamental changing of the coastline of the Bailey's Reserve area,” he said.
“Mr Grima is treating this area as his own personal kingdom.”
Mr Foster said Mr Grima's previous lawyers had pushed up the cost of the case by trying to make arguments that had no proper justification or basis.
The magistrate will view the area around the boat shed as the case continues.