SSA and council to engage in legal action over fields
STANTHORPE Sports Association is expected to engage with legal action with Southern Downs Regional Council over maintenance of the town's McGlew St sporting fields.
The SSA's legal representative, Vince Catanzaro, recently wrote to the council to communicate its intent to undertake legal action. In the letter, Mr Catanzaro said the council, through its lease with the SSA, had a responsibility to maintain the fields.
"Commercial leases carry an added responsibility on the lessor to ensure the necessary terms are properly detailed prior to its execution and further must always be interpreted so as to avoid the lease making 'commercial nonsense' or becoming a 'commercial inconvenience',” he said.
"Our client has instructed us to advise you that we have briefed legal counsel and that the advice received supports our client's position.
"Our client wishes to avoid litigation but if common sense on part of the SDRC can't prevail, then our client will be left with little choice but to proceed with an application to the court.”
In a statement, the council said it had attempted to work with the SSA, having "facilitated meetings” to allow for the "higher order maintenance” could be delivered to the four-field complex.
"Southern Downs Regional Council is disappointed with the receipt of the legal correspondence, especially given the offers and options that have been provided to the Association,” the statement said.
"As a result of the legal correspondence received from the association, council will have no alternative option but to engage legal representation at ratepayers' expense.
"Council is disappointed that what appeared to be negotiations being undertaken in good faith has progressed into a legal matter.”