"Council should have been more active over time to bring their concerns to the Singh's attention."
Despite finding the Singh's guilty of multiple breaches which he regarded as "serious" and affected the "safe operation of the facility which was clearly a matter of significance to the council as lessor ... this is a strong factor in favour of cancellation", he let them keep the lease and gave them three months to complete the works.
"The Singhs have however taken significant steps to remedy their breach, even though as I have said they should have completed the requisite repairs by the time of the hearing. They have expended more than $450,000 to comply with the notice of cancellation."
Council experts estimated the repair jobs could cost up to $2 million, but the Singh's expert, Mark Mitchell, put it at a more conservative $600,000.
The Singh's lawyer, David Taylor, argued the council inflated the repair bill after a failed, and confidential, attempt to buy the complex in 2013.
But Judge Whata "rejected" that suggestion but accepted it may have formed "an initial reason for the investigation into the operation of the complex".
The judge was also bemused with the Singh's argument for not getting its Pool Safe accreditation renewed after losing it in 2012. The Singh's argued the council didn't tell them to get it "in writing", despite a Coroner's earlier recommendation that it be obtained.
"In reality, the Singhs must have known that Pool Safe accreditation was required by the council."
Mr Taylor submitted the breaches were not deliberate and the couple had no history of outstanding notices.
The delay in getting the work done was due to a lack of clarity as to what was necessary and council blocking applications for building consent and certificate of compliance.
He said cancellation of the lease would be "devastating to the Singhs".
When approached at the venue yesterday, Mrs Singh said she was pleased with the court's decision but neither her or her husband would comment further.
Council chief executive, Gavin Ion said in a statement that its focus had always been on the "health and safety of our community as we're responsible for ensuring any facilities operating in our district, either private entities or council-owned, are maintained to a high standard and meet the necessary health and safety requirements".
"Council was concerned about compliance with the lease in respect of the state of the Waingaro Springs structures and in particular public health and safety issues." Mr Ion said
Mr Ion said the council looked forward to the works being completed in time so that the public could use them and be confident that it was safe.
REPAIR JOBS:
•The High Court has given the Singh's 60 days to complete repairs of:
•Unit motel block - replace weatherboards after removal of chimney,
•Reception kiosk - pre-cast concrete floor slabs to be securely connected to structure,
•Spa pools - questions around replacing all four given forecasted low income,
•Spa pools cut batter stabilisation - several walls have inadequate support posts,
• Hydro slide pump room - install drain to stop water run-off seeping into pump room,
•Pool filter enclosure - fill old nail holes to prevent rain water ingress,
•Timber steps - apply anti-slip surface to new timber steps laid at various spots,
•Get their Accident Compensation Corporation Poolsafe Accreditation.
