10 January 2013

Pub's flood claim rejected by Queensland Government



Recovery efforts at the Murphys Creek Tavern
in the aftermath of the January 2011 flood disaster.

THE owners of the Murphys Creek Tavern have launched legal action after their business expense claim accrued during the 2011 flood disaster was rejected.
 
Owners James and Lynette Barns sought $246,712 compensation from the Department of Communities, Queensland Police Service and Lockyer Valley Regional Council for out-of-pocket business expenses accrued during the 2011 flood disaster.
 
The documents were lodged in the Ipswich District Court by Toowoomba firm Condon Charles Lawyers.
 
Central to the claim is the State Government's backflip in recognising the tavern as being used as an evacuation and recovery centre at the height of the disaster and in the weeks after.
 
The State Government has told the Mr and Mrs Barns what they did was unauthorised.
 
A personal letter to the couple from former Queensland Premier Anna Bligh contradicts this.
 
The letter, dated March 29, 2011, states:
 
"The assistance provided by Mr and Mrs Barns in the weeks after the flood is another example of Queenslanders helping their community in times of need and I thank them for making the Murphys Creek Tavern available as an evacuation centre, then later a recovery centre during this difficult time," Mrs Bligh wrote.
 
The court documents show Mr and Mrs Barns are seeking compensation of $139,661.50 from the Lockyer Valley Regional Council, $83,248 from the Department of Communities and $23,100 from the Queensland Police Service.
 
Talking exclusively to The Chronicle yesterday, Murphys Creek Tavern manager Sue Haughey said the heartless stance beggared belief.
 
"The State Government has said we will not be compensated because we did not have a document endorsing us as being a recognised evacuation and recovery centre," Ms Haughey said.
 
"We were a full-scale evacuation and recovery centre in every sense of the word.
 
"There was nowhere else for affected residents or for the community to go.
 
"There is not one person in Australia who does not acknowledge what we did.
 
"This community is absolutely livid at the way we have been treated.
 
"We had a lady who was saved by a swift water rescue team and brought to the tavern to be looked after," she said.
 
Ms Haughey said everything snowballed from that moment on as the true extent of the disaster was being understood.
 
"From that moment everything was out of our control," she said.
 
"Every single emergency service and government agency set up here.
 
"Everything we did was unconditional. It was done in good faith.
 
"What we did was the most humane thing to do. We never at any stage put our hands up and said come to us."
 
Ms Haughey said she has spoken out to make people aware of how they had been treated.
 
A Department of Communities spokesman said it hoped for a swift solution to the matter.
 
"Murphy's Creek Tavern fulfilled an important role during the flood period. The Department acknowledges their important assistance and has previously provided reimbursement for expenses incurred," he said.
 
"The owners believe there is a need for further compensation, which the Government has been eager to resolve. Our offer to resolve this matter has been on the table since January, 2012.
 
"The legal proceedings brought by the owners of Murphy's Creek Tavern therefore came as a surprise. However we welcome this opportunity to continue the discussions."
 
 
CLAIM INCLUDES:
  •    Use of premises: $39,000
  •    Supply of food and consumables from hotel stock: $4,000
  •    Loss of catering income: $12,500
  •   Loss of bar income: $11,400
  •   Coordination of evacuation centre activities: $34,000
  •   Forensic compound and storage centre: $9,300
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10.1.13