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Latrobe City wins against ENGIE in Supreme Court Appeal JudgementThe vindicating decision of the full bench of the Supreme Court of Appeal of Victoria supported the Council's position of it being not responsible for the ownership, upkeep or maintenance of the Morwell Main Drain. By news@gippsland - 6th June 2016 - Back to News The vindicating decision of the Full Bench of the Supreme Court of Appeal of Victoria was greeted with joy and relief today by the Latrobe City Council.
The Supreme Court of Appeal ruling again supported Council’s position that the Latrobe Valley community is not responsible for the ownership, upkeep or maintenance of the Morwell Main Drain.
The lengthy and expensive action to defend the community’s best interests in the Supreme Court against GDF Suez, now known as ENGIE, maintains the status quo, and rightfully cements ownership of the asset with the mine operator.
Latrobe City Council’s Chief Executive Officer, Gary Van Driel, said "we can all move forward now. We no longer live with the threat and risk hanging over all our heads that the action brought by ENGIE, caused us.
"The drain was built for the mine and will continue to belong to the mine, just as it always has.
"I’m just glad it’s over as our municipality would have had zero capacity to manage the financial liability of the Main Drain infrastructure. The cost of defending our community through this action has been significant," Mr Van Driel said.
"We will be seeking to recover those costs as far as possible, as it is innately unfair that rates be diverted from providing our services and facilities, to cover legal expenses. Unfortunately however, even once Latrobe City Council has recovered legal costs from ENGIE, we will remain significantly out of pocket, as a result of defending this matter not once, but twice in the Supreme Court.
"The operator of the mine is our neighbour, a ratepayer, a part of our community. Now that this issue is sorted we expect to continue on as before," Mr Van Driel concluded.
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Source: www.gippsland.com Published by: news@gippsland.com
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