City faces hefty legal bill
Rockingham ratepayers will foot hefty legal bills amassed by the City of Rockingham during a three-year fight with Zeldas and iBar night clubs.
The sour outcome may not be the end for the City, with Tocoan Pty licensee Kevin Mann considering suing for damages.
Thursday’s ruling by the Liquor Commission of WA determined the City would be responsible for paying the legal costs for one of two complaints filed, and two subsequent appeals.
The City began the legal fight to shut down the two nightclubs in 2010, claiming they were responsible for anti-social behaviour within the area.
The complaints were lost on a lack of evidence and last week the Commission labelled the case “untenable” and “vexatious”.
“It is now apparent that, at the time the City filed its original applications, it in fact did not have any evidence,” Commission chairman Jim Freemantle said.
Mr Mann said it was only fair the City should pay for his legal costs after labelling the case “embarrassing”.
He said he had spent about $300,000.
“It has (been worth it) because they were wrong,” he said.
Rockingham mayor Barry Sammels defended the City’s fight which has already cost ratepayers $250,000.
“The action was taken on behalf of ratepayers who were tired of the high levels of antisocial behaviour, vandalism and general disturbances in this precinct coming from the nightclub’s patrons,” he said.
“We are disappointed that we have made every effort to represent the interests of our community on this matter but to date we have not been able to secure the desired outcome for the residents and business owners who are most affected by the anti-social behaviour associated with this premises.”
Mr Mann said the fight had tarnished his nightclub’s name.
“I am now considering suing the City for all the actions they have taken, they have said things about the business which the court has said are not true and they have damaged my business reputation,” he said.
“I have asked my lawyer to investigate what action I can take against the City for damage.”
Cr Sammels said a second attempt at one of the claims, filed last year, was withdrawn by the City two weeks ago based on legal advice.
He said he could not confirm whether Thursday’s ruling meant the end of the City’s fight with Mr Mann.
