By JESSE GRAHAM
YARRA Ranges Council has slammed a legal claim against it as “vexatious and unsubstantiated.”
Council lawyers have vowed to fight the cost claim, totalling around $30,000, as having “no basis in fact or law” in a letter to the applicant last week, demanding its withdrawal.
Healesville’s Fluid Lounge owner Garry Christie lodged a claim against the council earlier this month, after extending his patronage limit to 150 and opening hours to 3am on six occasions over summer.
His Victorian Civil and Administrative Tribunal (VCAT) appeal saw council conditions on his permit dropped, but Mr Christie was not able to extend his opening hours to 5am, nor his patronage limit to 300.
Mr Christie’s argument is that the VCAT hearings were unnecessary because he warned the council that conditions on his permit could not be legally upheld.
Maddocks Lawyers, acting on behalf of the Yarra Ranges Council, contacted Mr Christie last week and requested that he withdraw his claim for costs, citing them as “hopeless and vexatious”.
Mr Christie was notified that, if he had not withdrawn his application by noon on Friday 15 November, the Yarra Ranges Council could apply for costs against him.
When contacted by The Mail, Mr Christie said he had not withdrawn his claim.
Director of Planning, Building and Health Andrew Paxton said that Mr Christie’s claim has been lodged, despite the fact that VCAT ultimately agreed with council’s decision on opening hours and patronage.
Mr Paxton said that Mr Christie’s claims were “vexatious and unsubstantiated” and that council would be preparing a submission for VCAT on the matter.
“As with all costs arguments, council must make its own submissions as to why costs should not be awarded, and has engaged Maddocks Lawyers to prepare a submission to VCAT outlining why council should not have to pay these costs,” he said.
“Given Mr Christie has not withdrawn his claim, council will continue its work to appeal these costs through VCAT.”
