AN AUSTRALIAN actor will have to cough up more than $220,000 in fines and costs after a court dismissed his appeal for illegal dumping in Tamworth.
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Alex Haddad was ordered to pay the lump sum in fines and compensation in October, but filed a section four application to have the ruling overturned in Tamworth Local Court. When he failed to show in court last week to argue the case, it was dismissed by the magistrate.
“It would be difficult for this type of section four application to succeed,” Magistrate Lisa Stapleton told the court.
“And the only outcome is that it would be dismissed, and so I mark the papers.”
In October, The Leader revealed the former Fat Pizza star had been convicted of charges of dumping asbestos and failing to demolish or remove a building contrary to order in Tamworth.
The court proceedings were triggered by Tamworth Regional Council when Haddad failed to comply with council clean-up and demolishing orders at his Coledale investment property, and followed the illegal dumping of asbestos in Green St.
Council was forced to hire contractors to clean up the mess, outlaying more than $54,000 on remedial clean-up works, and launched legal action to recover the money.
Council’s barrister, Ben Clarke, told the court last week there was a voluminous file against Haddad, asking for the annulment application to be dismissed.
“It’s been a very long and protracted case,” Mr Clarke said.
The court heard Haddad had provided a medical certificate outlining he would “not be fit until January” for court.
Solicitor Wendy McAuliffe appeared as agent for a Sydney firm on behalf of Haddad but said she did not have an affidavit to back up Haddad’s absence.
“The highest I can put that application today is a medical certificate,” she told the court, confirming it was the same medical certificate before the court at the time of the hearing.
But Ms Stapleton said Haddad’s failure to appear in court twice, and his reasons behind it, could not be concluded “from the medical certificates”.
“I order the application to pay the respondents’ costs,” she said, dismissing the applica- tion and ordering Haddad to pay council’s costs of more than $4500.
“To be paid within 28 days.”
