WHITTLESEA: McLindon demands $3 mil. from Staikos
Former Whittlesea Mayor Cr Aidan McLindon is demanding Victoria’s former local government minister pay $3.5million over an “unlawful” suspension.
A letter was presented by Cr McLindon’s lawyer, to Mr Staikos at his private residence on Friday (Aug. 21)
Cr McLindon was suspended by Mr Staikos, but the Supreme Court ruled that the suspension was invalid.
Council Monitors had alleged that Cr McLindon had engaged in conduct creating “a serious risk to the health and safety of councillors or members of council staff”, including by making comments on social media that were “widely viewed as racist, homophobic and transphobic”.
The letter says Mr Staikos “purported to exercise a power in public office, unlawfully”. It alleges Mr Staikos had “committed the tort of misfeasance in public office” which had caused Mr McLindon to suffer “irreversible lifelong damage” including “irreparable damage to his earning capacity”.
It claims that the matter will attract the highest recorded award of exemplary and/or punitive damages in Australian legal history.
“In total, we estimate our client’s entitlements to be in the vicinity of $3,060,000. With the legal costs of the Supreme Court action, we estimate that a trial in this matter your liability to our client will certainly exceed $3,500,000.00, excluding your own legal costs.”
“Despite … advice, the action proceeded and my client was removed from the Mayoral office to which he had been democratically elected,” the lawyer wrote in his letter.
“I have been instructed to pursue a claim for damages arising from the consequences of the unlawful suspension, including the substantial personal, professional and financial consequences my client has, and continues to suffer.
“The important and obvious question is whether a person against whom serious legal proceedings arising from the exercise of ministerial power are commenced, continue to operate in public office pending the assessment of the Court of the claim. Clearly the answer is no.”
Mr Karamouzis emphasised that the legal proceedings were directed “personally” against Mr Staikos, vowing that the public would not pick up the tab for the former minister’s actions.