Save Surfers Paradise Inc (SSPI) has been granted special leave by the Queensland Attorney-General to continue its full case against the Gold Coast City Council to stop the sale of the Bruce Bishop car park.
In August, the Supreme Court ruled the sale of Bruce Bishop car park in Surfers Paradise could proceed as SPPI lacked legal standing to enforce public law obligations against the Council to prevent the sale.
However, as the decision did not dismiss the entire case, SSPI is now able to continue with its claims with the Attorney-General’s consent.
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Save Surfers Paradise Secretary Deborah Kelly said the case will now run through the usual pre-trial processes, with a Statement of Claim to be filed within 28 days.
“The Attorney-General has granted us a special privilege, one that is not granted every day, and we are deeply grateful for her recognition of the importance of our legal case,” Ms Kelly said.
“We had to go through a rigorous application process, including providing a copy of our legal advice on our prospects of success in Court and our case was reviewed by the Crown Solicitor.
“By granting her consent, the Attorney-General has recognised the significant public interest in the case being brought by Save Surfers Paradise against the Gold Coast City Council to challenge the sale of the Bruce Bishop Car park.
“It’s a great victory for the community, and for jobs, business viability and residential amenity in Surfers Paradise and the surrounding suburbs.
“It means that the Council’s decision to sell this valuable community asset, a decision taken without public consultation or prior notice, will now be fully examined by the Court.
“The Council has acknowledged that it cannot proceed with any sale plans whilst all matters remain before the Court.”
The conduct of the case will be overseen by the Attorney-General and Crown Solicitor and is expected to be heard in the Supreme Court sometime next year.