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TrustPower applies for opponents' liquidation

TrustPower has applied to the High Court to put an Otago protest group into liquidation because it has failed to pay court-awarded costs.

The High Court ordered the Upland Landscape Protection Society Incorporated to pay $49,788.21 divided among five defendants in December after it failed to overturn resource consents for two wind farms.

Justice John Fogarty’s decision came after the society failed in obtaining a judicial review of the granting of consents for TrustPower’s Mahinerangi wind farm and Meridian Energy’s Project Hayes scheme. The society is to pay the Central Otago District Council $14,473.08, Otago Regional Council $10,160, Clutha District Council $7954.58, Meridian Energy $5859.82, and TrustPower Ltd $11,340.73.

The liquidation application is to be heard on May 25 in the High Court at Dunedin.

TrustPower spokesman Graeme Purches said it, along with the councils and Meridian, had decided to take the action because the society had failed to pay. “They have no hope of paying for it. An appeal to members for money came up with nothing and they are already $40,000 in the red. It’s a dead duck really,” he said.

The society had cost ratepayers in Otago and Southland a “significant amount of money”, Mr Purches said.

“Somebody had to draw the line and say ‘this has got to stop’. They had no evidence and no legal representation and wasted a lot of people’s time and money,” he said. Mr Purches said he thought the society would eventually be wound up.

The society’s legal co-ordinator Ewan Carr said he had not been served with the court papers yet.

He did not want to comment until he had seen the papers.

The society’s members would be holding a meeting soon to decide what to do, Mr Carr said.

He confirmed the society had not paid any of the outstanding costs.

“How we approach the costs is entirely up to the members when we have our meeting,” he said.

The society had up to 260 members, Mr Carr said.

By JOANNE CARROLL

The Southland Times

1 May 2009

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