A NSW Supreme Court summons handed to council on Wednesday night has thrown yet another spanner in the works for the future of the Mittagong Bowling Club.
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Councillor Garry Turland and the Southern Highlands Ratepayers Association "served" council in Wednesday's Ordinary Meeting.
The summons asked for the NSW Supreme Court to advise if the continued holding of the building and uses of the property as a community recreation centre were not breaches of the trust.
If taken to the NSW Supreme Court, a judicial decision would be made in regards to the management and interpretation of the trust and would allow council to move forward.
"Legal advice was given from Francis Douglas QC on two separate occasions saying that the building can be left for community use with some restrictions," Cr Turland said.
"There's no need to pull it down.
"In good faith, the previous trustee which was the Mittagong Nattai Shire Council, allowed the building to be built there, what right in 2015 do we as trustees have to go against the original trustees?"
This summons did not stop councillors from debating the issue for about two hours.
Councillors Turland, Ian Scandrett and Holly Campbell successfully moved a motion to rescind the resolution to accept tenders for the bowling club made in closed council on March 11.
However, while this motion was passed, no other resolution was made in regards to the old Mittagong Bowling Club although about half the meeting time was spent debating the matter.
"Nothing can be done now for three months," Cr Turland said.
"We will be in and out of court by then."
While no resolution was made, there were five motions, motions arising or amendments put forward, all of which failed.
This was the second meeting where the old Mittagong Bowling Club was discussed this year and to date no resolution has been made.
More than two and a half hours over two council meetings this year has been spent debating the issue.
This is in addition to the 11 years the matter has divided councillors over three different council terms.
Mayor Duncan Gair said while no future resolution was put, the only way forward would be on April 15 when council would appear at the NSW Supreme Court with the Southern Highlands Ratepayers Association and Cr Turland.
"There is no position council has taken on what sort of legal representation council will have, but there will be some cost to ratepayers," Cr Gair said.
"It's the first time I have been served orders by the NSW Supreme Court in 20 years in council and I believe no council has ever been served by the NSW Supreme Court in a council meeting.
"The result on Wednesday night is in no way linked to any lack of detail or non compliance by staff."
However, Cr Gair has since told the Southern Highlands News if the matter went to a hearing after April 15, the projected time frame for the hearing was between six to nine months.
Meanwhile, no tenders for the demolition and removal of asbestos at the Mittagong Bowling Club have been accepted or rejected, but generally the tenderer's price offer lapses after 90 days or as otherwise negotiated with council.
