Awabakal Local Aboriginal Land Council still attempting to resolve legal issues flowing from failed development proposals.
Companies belonging to
Sydney-based businessman Tony Zong have agreed to discontinue legal action
against the Awabakal Local Aboriginal Land Council, over a failed deal to buy
$12.6 million worth of Aboriginal land across the city.
A
cross-claim launched by the land council against the other parties
involved – including a Sydney law firm and a mysterious company known
as Gows Heat – remains unresolved.
In the Supreme Court on
Friday, Justice Rowan Darke sent the cross-claim to mediation.
He was also forced
to strike “scandalous” material from the court’s file, contained in
two affidavits of the solicitor acting for Gows Heat.
The land council’s
barrister, Jeremy Kirk SC, complained about “truly scandalous” material in at
least one of the affidavits, and allegations targeting himself and his
instructing solicitor.
Mr Kirk acknowledged he
was a “big boy” but said the material had the potential to be “very hurtful” to
people other than the litigants.
“Yes, we’re all big
boys, but it’s not the sort of material that should find its way into
solicitor’s correspondence or affidavits,” Justice Darke replied.
One of the targets of
the cross-claim is Despina Bakis, a solicitor with Knightsbridge North
Lawyers, who has been accused of negligence and breach of fiduciary duty.
The barrister acting on
her behalf, Jeffrey Rose, argued there should not be mediation until the land
council produced expert evidence demonstrating how his client had behaved
negligently……..
Justice Darke agreed to
mediation, but warned that if the land council did not rely on expert
evidence, it would need to explain its case with “clarity and
force”.
A separate lawsuit
against the land council, which has seen a caveat placed over the post office,
was also sent to mediation on Friday.
BACKGROUND