❓ The WA Premier confirms the government sought legal advice regarding the Coral Coast resort development legal action but declines to disclose the advice, citing legal privilege and potential disadvantage in litigation.
AnsweredQoN 569Legislative Council
QuestionView source ↗
I refer the Premier to the legal action begun by the proponents of the Coral Coast resort development at Mauds Landing and ask - (1) Has the Government taken advice from the State Solicitor on the action; and, if not, why not? (2) If the Government has been given legal advice from the State Solicitor, can the Premier assure Parliament that the advice indicates there is no risk of the proponent’s actions succeeding because the Government had adhered to the lawful due process at all stages of the process? Hon KIM CHANCE
AnswerView source ↗
I thank the Leader of the Opposition for some notice of this question. (1) The Government has taken legal advice from the State Solicitor’s Office on this action. However, that advice is of a preliminary nature because the plaintiff’s statement of claim has yet to be lodged. (2) Coral Coast Marina Development Pty Ltd has engaged in litigation with the State Government. The Government is not prepared to disclose legal advice provided in the course of litigation. This would set an undesirable precedent as it would put Government at a disadvantage against private parties who would not be required to disclose their legal advice.
(1) Has the Government taken advice from the State Solicitor on the action; and, if not, why not? (2) If the Government has been given legal advice from the State Solicitor, can the Premier assure Parliament that the advice indicates there is no risk of the proponent’s actions succeeding because the Government had adhered to the lawful due process at all stages of the process? Hon KIM CHANCE replied: I thank the Leader of the Opposition for some notice of this question. (1) The Government has taken legal advice from the State Solicitor’s Office on this action. However, that advice is of a preliminary nature because the plaintiff’s statement of claim has yet to be lodged. (2) Coral Coast Marina Development Pty Ltd has engaged in litigation with the State Government. The Government is not prepared to disclose legal advice provided in the course of litigation. This would set an undesirable precedent as it would put Government at a disadvantage against private parties who would not be required to disclose their legal advice.
(2) If the Government has been given legal advice from the State Solicitor, can the Premier assure Parliament that the advice indicates there is no risk of the proponent’s actions succeeding because the Government had adhered to the lawful due process at all stages of the process? Hon KIM CHANCE replied: I thank the Leader of the Opposition for some notice of this question. (1) The Government has taken legal advice from the State Solicitor’s Office on this action. However, that advice is of a preliminary nature because the plaintiff’s statement of claim has yet to be lodged. (2) Coral Coast Marina Development Pty Ltd has engaged in litigation with the State Government. The Government is not prepared to disclose legal advice provided in the course of litigation. This would set an undesirable precedent as it would put Government at a disadvantage against private parties who would not be required to disclose their legal advice.
Hon KIM CHANCE replied: I thank the Leader of the Opposition for some notice of this question. (1) The Government has taken legal advice from the State Solicitor’s Office on this action. However, that advice is of a preliminary nature because the plaintiff’s statement of claim has yet to be lodged. (2) Coral Coast Marina Development Pty Ltd has engaged in litigation with the State Government. The Government is not prepared to disclose legal advice provided in the course of litigation. This would set an undesirable precedent as it would put Government at a disadvantage against private parties who would not be required to disclose their legal advice.
I thank the Leader of the Opposition for some notice of this question. (1) The Government has taken legal advice from the State Solicitor’s Office on this action. However, that advice is of a preliminary nature because the plaintiff’s statement of claim has yet to be lodged. (2) Coral Coast Marina Development Pty Ltd has engaged in litigation with the State Government. The Government is not prepared to disclose legal advice provided in the course of litigation. This would set an undesirable precedent as it would put Government at a disadvantage against private parties who would not be required to disclose their legal advice.
(1) The Government has taken legal advice from the State Solicitor’s Office on this action. However, that advice is of a preliminary nature because the plaintiff’s statement of claim has yet to be lodged. (2) Coral Coast Marina Development Pty Ltd has engaged in litigation with the State Government. The Government is not prepared to disclose legal advice provided in the course of litigation. This would set an undesirable precedent as it would put Government at a disadvantage against private parties who would not be required to disclose their legal advice.
(2) Coral Coast Marina Development Pty Ltd has engaged in litigation with the State Government. The Government is not prepared to disclose legal advice provided in the course of litigation. This would set an undesirable precedent as it would put Government at a disadvantage against private parties who would not be required to disclose their legal advice.
(1) Has the Government taken advice from the State Solicitor on the action; and, if not, why not? (2) If the Government has been given legal advice from the State Solicitor, can the Premier assure Parliament that the advice indicates there is no risk of the proponent’s actions succeeding because the Government had adhered to the lawful due process at all stages of the process? Hon KIM CHANCE replied: I thank the Leader of the Opposition for some notice of this question. (1) The Government has taken legal advice from the State Solicitor’s Office on this action. However, that advice is of a preliminary nature because the plaintiff’s statement of claim has yet to be lodged. (2) Coral Coast Marina Development Pty Ltd has engaged in litigation with the State Government. The Government is not prepared to disclose legal advice provided in the course of litigation. This would set an undesirable precedent as it would put Government at a disadvantage against private parties who would not be required to disclose their legal advice.
(2) If the Government has been given legal advice from the State Solicitor, can the Premier assure Parliament that the advice indicates there is no risk of the proponent’s actions succeeding because the Government had adhered to the lawful due process at all stages of the process? Hon KIM CHANCE replied: I thank the Leader of the Opposition for some notice of this question. (1) The Government has taken legal advice from the State Solicitor’s Office on this action. However, that advice is of a preliminary nature because the plaintiff’s statement of claim has yet to be lodged. (2) Coral Coast Marina Development Pty Ltd has engaged in litigation with the State Government. The Government is not prepared to disclose legal advice provided in the course of litigation. This would set an undesirable precedent as it would put Government at a disadvantage against private parties who would not be required to disclose their legal advice.
Hon KIM CHANCE replied: I thank the Leader of the Opposition for some notice of this question. (1) The Government has taken legal advice from the State Solicitor’s Office on this action. However, that advice is of a preliminary nature because the plaintiff’s statement of claim has yet to be lodged. (2) Coral Coast Marina Development Pty Ltd has engaged in litigation with the State Government. The Government is not prepared to disclose legal advice provided in the course of litigation. This would set an undesirable precedent as it would put Government at a disadvantage against private parties who would not be required to disclose their legal advice.
I thank the Leader of the Opposition for some notice of this question. (1) The Government has taken legal advice from the State Solicitor’s Office on this action. However, that advice is of a preliminary nature because the plaintiff’s statement of claim has yet to be lodged. (2) Coral Coast Marina Development Pty Ltd has engaged in litigation with the State Government. The Government is not prepared to disclose legal advice provided in the course of litigation. This would set an undesirable precedent as it would put Government at a disadvantage against private parties who would not be required to disclose their legal advice.
(1) The Government has taken legal advice from the State Solicitor’s Office on this action. However, that advice is of a preliminary nature because the plaintiff’s statement of claim has yet to be lodged. (2) Coral Coast Marina Development Pty Ltd has engaged in litigation with the State Government. The Government is not prepared to disclose legal advice provided in the course of litigation. This would set an undesirable precedent as it would put Government at a disadvantage against private parties who would not be required to disclose their legal advice.
(2) Coral Coast Marina Development Pty Ltd has engaged in litigation with the State Government. The Government is not prepared to disclose legal advice provided in the course of litigation. This would set an undesirable precedent as it would put Government at a disadvantage against private parties who would not be required to disclose their legal advice.
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