Council's $66m bill for 'default maritime fees' found to be invalid by judge

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Council's $66m bill for 'default maritime fees' found to be invalid by judge
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A Supreme Court judge says communities in the Torres Strait have better things to spend money on than mounting legal costs between the council and a major shipping company.

A series of invoices the Torres Strait Island Regional Council sent to one of northern Australia's major shipping operators, totalling more than $66 million, have been found to be invalid.

Supreme Court Justice Peter Applegarth on Monday found the fees were "not a charge for a service or facility" as authorised by the Local Government Act, and were issued beyond the council's power. In urging the parties to enter mediation, Justice Applegarth said the "costs to date … must be enormous".The book of documents tendered to the Supreme Court exceeded 9,000 pages, including more than 150 pages of written legal submissions.

In his 42-page judgement, Justice Applegarth said the funder was "not supporting TSIRC's litigation as an act of charity or out of love for the people of the Torres Strait" whom he noted were "among the financially poorest people in our state".

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