Stop the
Stadium has been ordered to pay almost $10,000 court costs
following its unsuccessful High Court bid in April to scuttle
Dunedin's stadium project.
High Court judge Justice Lester Chisholm has released his
decision on the matter, ruling the Dunedin City Council
should receive $9740, and council chief executive Jim Harland
made it clear yesterday the council expected payment.
"We will recover the debt that is owing to us."
Mr Harland said there "may or may not" be liability issues
for senior members of the organisation.
Stop the Stadium president Dave Witherow blasted the decision
as "another confirmation that the people of Dunedin have been
deprived of every aspect of a functioning democracy".
"The dereliction of the courts is especially worrying, given
their acknowledgement that the Dunedin City Council, in its
evidence, had misled the High Court."
He said the only way to "restore democracy and fair-dealing"
was at election time.
"The local body elections are a year away. They have never
been more important."
Asked about the group's future, he said that would be
discussed at a committee meeting and general meeting
"probably within the next couple of months".
Asked if it could or would pay the money, he said that was a
decision for members.
Stop the Stadium secretary Carol Sawyer said all legal bills
had been paid, and court costs were the only amount the
organisation owed.
There had been no decision yet for costs from the appeal
hearing, but they were not expected to be more than $5000.
The group had lodged a $4740 bond, so no further expense was
expected.
The council applied for $11,203 costs, while Stop the Stadium
applied for $17,513.
In his decision, Justice Chisholm said the application for
costs was opposed by Stop the Stadium on the basis the case
was "a public interest proceeding of great significance to
the Dunedin community".
Counsel Len Andersen had argued an award of costs would "do
nothing to heal the wounds created by the stadium dispute,
and that although the court concluded that the plaintiff
could not prove its case, this was not a situation where the
court was satisfied that the plaintiff was wrong".
But Justice Chisholm said the party that failed should pay
costs to the party that succeeded.
Stop the Stadium was registered as an incorporated society in
July last year.
Asked about the legal situation, council counsel Frazer
Barton said, like any company, it could vote to dissolve.
"There can be legal issues at times if liabilities were
incurred when a company did not have sufficient assets.
"In certain circumstances, directors can be personally
liable."
He did not think it was likely former president Bev Butler
could be held responsible if the debt was not paid.
"Obviously, everything will have to be looked at. I would not
rate that [possibility] particularly highly."
In April, Ms Butler said there was no plan to dissolve Stop
The Stadium in order to avoid paying for the council's costs.
Yesterday she said as she was no longer president or
spokeswoman, she was unable to comment.
- david.loughrey@odt.co.nz
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