A prominent Perth doctor has escaped penalty for flattening an old Claremont house after successfully arguing he had nothing to do with the demolition.
In a twist to the long-running saga, it emerged yesterday that Deryck Foulner, a radiologist at Sir Charles Gairdner Hospital, is considering suing Claremont Town Council for damages over its prosecution of him.
Dr Foulner was ordered by the council in June to rebuild the 102-year-old federation house on Victoria Avenue after it claimed he demolished it illegally in 2007.
The council also took Dr Foulner to court over the matter.
The State Administrative Tribunal overturned the council's order last month and the case was thrown out of Perth Magistrate's Court last week because of insufficient evidence. The council was ordered to pay $7500 in costs.
Dr Foulner said yesterday he had done nothing wrong and the house was demolished without his knowledge while he was waiting for a demolition order from the council.
"I told them right in the beginning that I had nothing to do with it and they didn't take any steps to try to find out who was involved," he said. "They had an issue with me personally and were trying to make a point against me."
Dr Foulner said he was not willing to put the contractor "in the frame" because he did not know what had happened in the lead up to the demolition. He was still not satisfied he knew the full story. At the hearings, Dr Foulner's lawyers argued that, despite being the sole owner, Dr Foulner could not be held accountable for the demolition because he did not know about it or arrange it.
Michael Hotchkin, for Dr Foulner, said yesterday he had warned the town, which confirmed it spent $50,000 on the matter, that its case in the tribunal and court would not hold up.
Dr Foulner said the case caused irreversible damage to his reputation and he was looking at pursuing the council for malicious prosecution.
The house was on the town's local heritage inventory.
Document searches show it was transferred from Dr Foulner and his wife, lawyer Carmen La Cava, in November 2008 to Lafou Pty Ltd, of which they are the sole shareholders.
Dr Foulner said that was ahead of a planned sub-division but the new ownership was also used as part of the argument in the SAT.
Claremont mayor Jock Barker said the town was disappointed and could not understand how a house could be demolished without the owner knowing.
It could not understand why Dr Foulner's company could not be made to rebuild the house simply because Dr Foulner and not the company was the owner when it was demolished.
Doctor escapes illegal demolition charges
BEATRICE THOMAS, The West Australian
October 28, 2009, 2:00 am
WA News / Lee Griffith ©
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9 Comments
the oldest european structure is out on the abrolhaus islands, it was built in 1629 by some of the survivors of the Batavia mutiny, it doesn't even have a fence around it to protect it and sooner or later some idiot is going to smash it up. why care about the old claremont house when you don't give toss about something really historic.
Given Dr Foulner says he knew nothing about the demolition then he should sue the contractor for carrying out the demolition work illegally. How dumb does Dr Foulner think we are? Of course he was complicit.
Once again a sleazy Medico gets looked after by his "professional mates" in the Legal profession.
It's a shame to lose a heritage building, but with any luck Dr Foulner will replace it with a block of poorly designed, shabbily constructed, plug-ugly jerry-built craphouses, built as cheaply as possible so as to garner the maximum possible profit and guaranteed to start falling apart within 3-4 years. We don't have nearly enough of them in Perth already. And after all, it's his property - if he wants to be a money-grubbing provincial loser that's absolutely his right.
How do you not know that some one is demolishing your property? The company that demolished the house should have their liscence revoked or made to rebuild the house.
Look to the future not at the past! If a building gets that old and dilapidated then it's of no use to anyone, BULLDOZE it and build something which is not an eyesore! I'm glad the Council concer4ned lost its case! Money hungry pricks!
Try knocking down a 'heritage' asbestos house in Hilton.
The council could have fined him or done a whole bunch of other things but instead they wanted him to rebuild the house. That is so stupid. What do they that is going to achieve? The heritage house is gone. Rebuilding it is not going to make a new heritage house. The council is just like a little child stamping their feet and screaming "put it back, put it back"
its the way of the world,the rich can do anything