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Parliamentary Questions


Question Without Notice No. 261 asked in the Legislative Council on 2 April 2019 by Hon Michael Mischin

Parliament: 40 Session: 1

JOHN HOLLAND — LITIGATION

261. Hon MICHAEL MISCHIN to the minister representing the Minister for Finance:

I refer to the Treasurer's outraged accusations, reported inter alia in The West Australian of 12 February 2019, against construction firm John Holland of selective media leaking in respect of litigation involving the state.

(1) What evidence does the minister have that John Holland was responsible for that leak?

(2) Has he made any inquiry into whether the source of the leak was someone connected with government?

(3) If yes to (2), what inquiry has he conducted and with what result; and, if he has not inquired, why not and will he do so?

(4) If the Treasurer is unable to support his slanderous accusation, will he apologise; and, if not, why not?

The PRESIDENT: Minister for Environment, I think you are okay to answer everything except perhaps that last question.

Hon STEPHEN DAWSON replied:

I thank you, Madam President, for your guidance.

I thank the honourable member for some notice of the question. The following information has been provided to me by the Minister for Finance.

(1) The initial report on radio 6PR detailed John Holland's litigation strategy against the state government, including legal advice to John Holland on three specific litigation scenarios. The report included the words ''I am told John Holland are up for the fight; they are going to dig in'' and John Holland ''are determined to go to court if necessary''. Given the report was about John Holland's position on litigation, it was reasonable to make the observations made in relation to the source of the information.

(2) No. It is not normal practice for plaintiffs to share their litigation strategy with defendants and, on this occasion, the government was not aware of much of the information contained in the report.

(3) Please refer to the answer to (2).

(4) Noting your guidance on (4), Madam President, I will leave that answer.