Court sinks port action

Fishermen lost a bid against the GPC for lost funds due to the
Fishermen lost a bid against the GPC for lost funds due to the David Sparkes

A COMPENSATION case brought against the Gladstone Ports Corporation by fishermen affected by a massive dredging project has been struck out in the Queensland Planning and Environment court.

The case was the second led by fisherman Trevor Falzon against the port, claiming costs associated with lost fishing grounds and access due to the huge Western Basin dredging project.

It was filed by numerous other fishers and crabbers who worked in the Gladstone harbour, but none appeared in court, documents show.

Mr Falzon had applied to the court for compensation under the State Government's approval of the dredging project, but failed to specifically quantify his personal "losses" from the project.

The government's approval of the project had demanded compensation be paid to fishermen affected by lost fishing grounds, but only those "significantly adversely affected".

The ports corporation argued Mr Falzon's claim should be struck out because it had not specifically substantiated his personal losses, or whether they were significant.

Judge David Andrew SC late last week struck out Mr Falzon's application for further compensation, with documents showing Mr Falzon's legal team did not define his "losses", but defined his "costs".

Documents filed with the court showed Mr Falzon had suffered more than $400,000 in "costs", including buying longer nets and equipment to trawl deeper waters.

But the court ruled Mr Falzon had suffered "costs" and not "losses", and hence, any such costs could be reimbursed by better catches, confirming the argument put by the port's legal team.

Mr Falzon's lawyers further failed to establish "on material facts" claims he or those attached to the court action were "significantly adversely affected" by the dredging project.

It was the second time a case brought by the fishing industry over compensation for lost fishing grounds has failed, after a previous case failed on a technicality.

A port spokeswoman would not provide details on the status of the rest of the compensation program, but said the court had made a decision and the "legal process has been followed".

Mr Falzon did not return calls, or say whether he would appeal the decision, on Tuesday.

The court is yet to schedule a hearing date for the awarding of costs associated with the case.

Topics:  court gladstone ports corporation

Investor 'interest' in multi-million dollar project

FUTURE ESTATE?: A syndicate of businessman are selling a Calliope project that is already well under way.

BUYERS weighing up potential of project to build 217 homes.

Where cruise ship tourists will spend their money tomorrow

The P&O Pacific Jewel is headed our way once more.

P&O's Pacific Jewel will anchor in the Port of Gladstone tomorrow.

Dredging begins in Gladstone's port

Dredging the 2.3km Narrows crossing of the QCLNG and APLNG gas pipelines. The dredging involves a small backhoe dredge mounted on a barge, two tug boats, a survey vessel. After the pipelines are laid in the same trench, they will be covered with rock for protection from shipping and will still allow sufficient depth for boat traffic through The Narrows. Photo taken on the GPC Gladstone Harbour Tour.

BUOYS removed to make room for dredging operations.

Local Partners

Priscilla concerned people will forget about Elvis

Priscilla Presley source Bang

She says she feels responsible to keep his legacy going

Taylor Swift files lawsuit over alleged groping

Taylor Swift source Bang

Swift has commenced legal action against a DJ over the incident

Kanye West threatens to boycott Grammys

West says he won't go to the Grammys if Frank Ocean's not nominated

Why this actress wasn't embarrassed by nude photo leak

Leslie Jones source Bang

'If you wanna see Leslie Jones naked, just ask,' she said

Dad's Army comic genius Jim Perry dies

Jimmy Perry, the creator of Dad's Army.

Dad's Army series captured all that British people savour

Check out some fashions from the Coast festival

FASHION: Ocean Zen range.

Images from the Sunshine Coast Fashion Festival show what's hot

Hinterland horse stud passed in for $8.25 million

UNREAL: This Maleny estate is incredible.

12-bedroom hinterland horse stud still available

Hit songwriter's Noosa mansion on market

SPECIAL PLACE: The Cintamani estate is going to tender, marketed by Tom Offermann Real Estate.

Is this Queensland's best property?

Kiwi siblings snap up Dotcom mansion for $32.5m

The new toy company owners of the Coatesville mansion want replace any controversy with positivity and fun. Photo / Barfoot and Thompson

The trio paid $32.5 million for the property in June

Push to sell homes that flooded Gladstone's market

Suburban housing in Glenvale, Toowoomba, Friday, October 17, 2014. Photo Kevin Farmer / The Chronicle

URGENT push to cash-up first home buyers investing in Gladstone.

New $200 million development will create 580 jobs

Cassie And Josh with baby Alfie and daughter Andee. They have bought at new Lennox Head development Epiq.

Majority of new positions will be given to Northern Rivers locals

Cherrabah's mega resort plans axed

PLANS for a massive development at Cherrabah have been scrapped.