Birkdale group ordered to pay $2000 court costs

The costs were incurred when the community group applied to join a court case to decide whether changes to Cleveland Power’s development permit were permissible.

Judge RS Jones, in making the order, said he believed Cleveland Power was entitled to its costs being paid because the association tried to join the court case for an “improper purpose” and “had no reasonable prospects of success”.

The judge said changes to the section 457 of the Sustainable Planning Act gave the court greater discretionary powers to grant costs.

Birkdale Progress Association president Don Baxter said the ruling was “not surprising” and the not-for-profit association would struggle to find the money to pay.

“We saw this as an unsuitable development and did what we saw as correct,” Mr Baxter said.

“We realise this is a token amount against us for taking up valuable time of the power station developer.”

Cleveland Power’s chief executive David Bray said it was a “bitter-sweet” victory and his company would return the money to various Birkdale community groups.

“We’re going to use the funds to do what that organisation is meant to have been doing - supporting and advancing its local community,” Mr Bray said.

“Instead, they chose to use community-raised funds to advance the misguided and inaccurate desires of a few.”