03-07-11, 02:23 GMT+10#1
http://www.heraldsun.com.au/news/mor...-1226085880767 (http://www.heraldsun.com.au/news/more-news/tycoons-10m-trespass-suit/story-fn7x8me2-1226085880767)
TYRE magnate Bob Jane has launched a $10 million-plus legal action against Brimbank City Council and a contractor.
Mr Jane claims the council and contractor trespassed on his land at Calder Park in February and destroyed his hay harvest.
He wants the Supreme Court to award him and Calder Park Promotions $10.565 million.
Part of the claim is to "acknowledge the special suffering" he has endured.
"The trespass and the damage were an abuse by (Brimbank City Council) of administrative powers and an abrogation of public duties and responsibilities, which set a bad example in the public view," he said in his claim.
The council said late yesterday the writ, filed in the Supreme Court this week, had not been served.
It rejected any claim of trespass and said it had acted in accordance with the legislation at all times.
According to court documents, the council demanded Calder Park cut a firebreak on the 117ha property. Mr Jane says the grass was wet and only a tenth of the height at which it would be ready for harvest.
Mr Jane says that during a meeting with the council he agreed to contract JLKJ Enterprises to mow the firebreak on the property.
But the whole paddock was cut, the contractor claiming he was under orders from the council to cut all the grass.
Mr Jane said the contractor was asked many times to leave the property.
He wants $15,750 for lost income, $550,000 for damages for trespass and $10 million in exemplary damages.
Council spokesman Stephen Sully said Mr Jane had been told if he engaged his contractor the council team would leave.
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