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up-date; conclusion of suit expected
shortly, possibly this month or early dec? (posted Nov 3 07)
By Bob Norson
Catherine Radclyffe, Cousin and beneficiary
of the will of Mr. Andrew Martin, former owner of the lease on
Middle Percy Island, has filed suit in the Mackay registry of
the District Court of Queensland against Michael Cotter, the
current tenent. Acccording to documents supplied by the plaintiff,
the claim was filed the 19th of September 05.
The suit requests the court set aside the
contract of 26th Febuaray 01, whereby Andrew Martin sold a lease
of land known as Middle Percy Island to Michael Cotter.
The suit alleges; "..the contract
was the result of the defendants unconscionable conduct or the
defendants undue influence over Andrew Charles Martin."
The claim requests damages and relief under
several sections of the Fair Trading Act with interests and costs.
The action has not been answered as yet
by Mr. Cotter or his solicitors but a response is expected by
the end of January.
Controversy has surrounded the transaction
of the lease for years and many will be watching as the courts
consider the positions of the disputing parties. Not the least
of which is the boating public that would prefer to see secure
tenure as an outcome. It is common belief that Queensland EPA
(Parks and Wildlife) wishes to remove the lease from private
hands if they have an opportunity and has made clear that if
that occurs the islands landmarks such as the "A Frame"
and other structures and improvements would be removed.
How this action may play to that concern
remains to be seen and TCP will be watching all aspects of the
proceedings as they are revealed and the impact to boaties that
do consider the Islands facilities to be an important part of
the Coral Coast's Marine Heritage.
It's a done deal!!! click
here! |