Activist told to pay Terminals $40,000

A GEELONG activist must pay an international chemical storage company $40,000 compensation, Victorian Civil and Administrative Tribunal has ruled.
The tribunal ordered Geelong Chemical Action Network president Sue Kelly-Turner to pay Terminals over a failed appeal against its Corio expansion plans.
The tribunal struck out the appeal against Terminal’s coal tar pitch storage last year, with Ms Kelly-Turner found to have “no standing” in the case.
Tribunal senior member Jeanette Rickard gave her 12 months to pay the $39,479 costs.
In her judgement, Ms Rickard said Terminals was “clearly put to costs and expense in protecting its interest in relation to the application”.
She said Terminals’ costs were “directly attributable to the misconceived proceeding brought by Ms Kelly-Turner”.
Ms Kelly-Turner had been involved in at least two previous applications on the issue and Terminals was “entitled to be concerned”, Ms Richard ruled.
“It was not unreasonable that given the past history of various applications that (Terminals) engaged Senior Counsel to represent their interests.”
Ms Kelly-Turner said the compensation order had shocked her.
“I’m a pensioner, aged 67, I have a bad heart and cancer, so they better not be hopeful for their 39 grand.
“They are a multi-million dollar company, so it’s a bit of a joke.
“VCAT is a farce in lots of ways. Community members can’t use legal advice, so it’s sink or swim, but companies can.
“This is simply nobbling community action. A lot of people in the community, if they were even considering volunteering for something involving community action, they won’t do it.”
Ms Kelly-Turner believed she was the first community member to have such a costs order awarded against them.
Terminals state manager Carlo Fasolino said the costs order was a “vindication” for the company.
“We have long considered that the numerous applications against us have been made by a few individuals with a personal grievance against Terminals – for reasons I am at a loss to understand,” Mr Fasolino said.
Any money recovered from Ms Kelly-Turner would be donated to Terminals Geelong Community Engagement Group for distribution to community projects, he said.