Abb McAlister has put his money where his mouth is and self funded much of Gundagai’s defence against forced mergers.
Gundagai’s battle with the state government to have the forced merger with Cootamundra overturned came to a crushing end when the case was dismissed in the NSW Land and Environment Court last Friday. The Gundagai case was one of three challenges dismissed by Chief Judge Brian Preston who ruled the applicants had not established any grounds on which to challenge the merger decisions. There will be no appeal, and Chief Judge Preston ordered the applicants pay the state government’s costs.
Former Gundagai mayor Abb McAlister and former deputy mayor David Graham launched the legal action in Sydney on May 12, just two minutes ahead of the proclamation that Gundagai would amalgamate with Cootamundra. Mr McAlister said Friday’s ruling came as a huge blow to a community that turned out time and time again through public meetings and inquiries to voice their strong opposition to a merger. “I’m so proud of this community and the way they’ve stuck together throughout all of this. The community and the former Council gave 110 per cent to try and stave off a merger…unfortunately, the state government was too strong for us in the end,” Mr McAlister said. “We fought as hard as we could and we can hold our heads high. Former Gundagai mayor, Abb McAlister “It was through a unanimous vote by our former Council based on feedback from the community that we went to Sydney to launch the legal action.
Over 90 per cent of residents said they didn’t want this merger. “But at the end of the day, they (state government) have got three or four barristers working for them. We knew when we went down there that it was going to be a battle, but it was something that the former Council, including David and I, and the community wanted. We had to try.” Mr McAlister said the court costs that he and Mr Graham are now responsible for could be in the vicinity of $80,000, not inclusive of the $27,000 relating to costs incurred before the merger was finalised.
“As it stands now, David and I will have to fund it, but I would like to think that (Cootamundra-Gundagai Regional Council) administrator Christine Ferguson will reconsider her original rescission motion that was moved by her after she became sole arbitrator of the newly merged entity, to pull the funding on the court action that was moved unanimously by the previous Council.” Meanwhile, the initial $27,000 bill is now in the hands of the Crown Solicitor’s Office, with Cootamundra-Gundagai Regional Council yet to make a decision on whether it will foot that particular bill.
