Two businesses have been unsuccessful in recouping court costs despite charges of dumping potentially contaminated debris into a farm gully being dismissed.
In a decision released by Judge Brian Dwyer this month, it states that director Nigel Marshall had a discussion in late 2018 or early 2019 with property owner Bradley Yorke about depositing what was described as clean fill into a gully at a property in Wyndham owned by the Yorke Family Trust.
The debris was from the old Gore swimming pool site on Mersey St, which was being developed into a petrol station.
From May to July 2019, about 4911 tonnes — 100 truckloads — of debris was deposited into the gully dump.
The demolition material had not been tested for contamination at the Mersey St Site before it was transported, Judge Dwyer said.
The site had also been used for depositing waste for about 10 years, and there were no checks in place to ensure previous waste deposited was "clean fill".
"In short, it was not possible to say how much impacted soil from Mersey Street was discharged at the Yorke property, nor what the amount/extent of impacting [potential] contaminants within that impacted soil was."
Marshalls and Johnstone were entitled to the benefit of the doubt, which ironically arose from unsatisfactory management of the gully dump, Judge Dwyer said.
The charges were dismissed.
However, the regional council had acted in good faith, had conducted itself in a reasonable and proper manner and, despite Marshall and Johnstone being given the benefit of the doubt, he was sure without doubt they had discharged impacted soil into the gully, Judge Dwyer said.
"In my view, these defendants brought the charges upon their own heads and I consider that it is inappropriate that they receive any award of costs."
