Huge win for Development Watch with court costs to be paid for by Council and Sekisui



IN NEWS that was handed down last week, the Supreme Court has ordered that both Sunshine Coast Council and Sekisui House are to pay Development Watch’s legal costs in the appeal against the controversial development at Yaroomba Beach.  

A representative from Development Watch (DW) attended the Supreme Court last week where a Court Order was handed down in relation to the Supreme Court Appeal by Development Watch.   

The Supreme Court has ordered Sunshine Coast Regional Council and Sekisui House Coolum Pty Ltd jointly to pay two-thirds of Development Watch’s Supreme Court costs. 

The DW spokesperson said that they had no idea as to how much money they would receive as a result of the ruling.  

“It is only two-thirds of the Supreme Court Appeal costs which will have to be assessed by a Costs Assessor in accordance with the Supreme Court Scale (not what we actually spent). 

“There are still outstanding bills, and any leftover funds will be put towards the Planning and Environment Court review,” the spokesperson said.  

The Court also ordered that the matter be remitted back to the Planning and Environment Court so that the errors in law can be dealt with.  The actual procedure once it is remitted back will be decided by the Planning and Environment Court, when this might happen is not yet known. 

“The Planning and Environment Court should contact all parties and arrange a time to set down some sort of process and timetable.   

“It is in the Planning and Environment Court’s hands, and we just have to wait.” 

A Sunshine Coast Council representative stated that as the matter was still before the courts that their response would be limited and provided the Advertiser with the following summation.  

“On May 17, 2022, the Court of Appeal (COA) provided a further judgement on the Sekisui House, Development Watch and Sunshine Coast Council appeal matter. The COA determined the following: 

“The matter will be remitted back to the Planning and Environment Court to be determined according to law – the Planning and Environment Court will determine which judge will hear the matter, and the Sunshine Coast Council and Sekisui House are to pay two-thirds of Development Watch’s costs for the COA matter. The matter will now be returned to the Planning and Environment Court.” 

Sekisui House declined to offer any comment due to the matter still being before the courts and would not be commenting on any proceedings.   

With another ‘win’ under their belt regarding the controversial development at Yaroomba, the local community groups are hopeful for further wins according to the DW spokesperson.  

“DW hopes that the Planning and Environment Court get it right this time so that the matter can be put to rest, and no further Appeals will be necessary.”  

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