MOUNT Gambier Mayor Andrew Lee will have a chance to file a defence in the ongoing civil dispute between the city leader and a local building contractor.
It was a small win for Mr Lee in the Adelaide Magistrates Court yesterday when a magistrate decided to set aside a judgement, which was originally made in favour of local builder Roger Doody.
Mr Lee will have 14 days to file a defence to the allegations by Mr Doody the mayor has not paid an outstanding debt of $68,278.
Mr Doody filed the claim earlier this year, which related to money that was not paid following the completion of two George Street units in 2014.
Mr Lee was given 21 days to respond to the claim, however failed to do so, leaving Mr Doody with the opportunity to apply for a judgement.
The defendant can apply for the judgement to be set aside, however the mayor failed to act on the legal proceedings until recently.
Yesterday, defence counsel for Mr Lee had to show good reason for why a defence was not filed within the time limit.
Mr Lee claimed the solicitor he previously instructed did not act quickly enough.
A magistrate accepted the explanation and the judgement was set aside, giving Mr Lee the chance to file a defence.
The matter is now listed for November 8 for a directions hearing with the matter now expected to go to trial at some stage in the near future.
Last month, the mayor was given seven days to pay the court $77,000 into a “suitors’ fund” to have a charging order on the properties lifted.
Once the money was paid to the court, Mr Lee was able to settle his properties.
