Stop the Stadium's counsel Len Andersen called
yesterday for a contract to build the Forsyth Barr Stadium to
be quashed so "proper consultation" could be held, despite
being told the horse may have already bolted.
Mr Andersen took his client's argument to the Court of Appeal
in Wellington, and claimed Dunedin ratepayers had not been
properly informed about the costs of stadium.
He was exposed to a barrage of questions from Justices Mark
O'Regan, Ronald Young and Geoffrey Venning, challenging his
arguments and questioning why he had left it until after the
contract was signed with Hawkins Construction to notify the
group's appeal.
The council responded through its counsel, Frazer Barton,
local authorities would end up in a "strait-jacket" if exact
numbers had to be pinned down during consultation for
evolving projects.
Stop the Stadium's legal battles to end the Forsyth Barr
Stadium began in April.
The group attempted to gain an injunction in the High Court
in Christchurch to stop the Dunedin City Council signing a
construction contract with Hawkins Construction to build the
project, but was unsuccessful.
Mr Andersen argued then there were significant differences in
the project between last year's annual plan and this year's
plan, and the council should have consulted again before it
went ahead with the project.
But Justice Lester Chisholm was not convinced. The contract
was signed, and building of the stadium began.
In May, the group announced it would appeal the decision, and
said Justice Chisholm had erred in his judgement.
Extensive affidavits from both sides had been presented to
the court before yesterday's hearing.
Mr Andersen was asked what outcome he was seeking, when the
stadium was already being built.
He told the court he wanted the contract quashed, and
ratepayers given the opportunity to make a decision, as the
"true costs" had not been the subject of consultation.
Justice O'Regan said instead of applying to get the contract
"stayed" as soon as he lost the High Court case, he had
waited two weeks before appealing.
"There's an element of the door being left open, and the
horse having bolted," he said.
"If you wanted to stop this after the High Court decision,
you could have.
"You didn't."
The court now faced the problem of "how to put the horse
back" if it ruled for Stop the Stadium.
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