By Allon Lee
THE Victorian Supreme Court will hear the dispute between Westvale Community Centre and Brimbank City Council.
Victorian Supreme Court master Ewan Evans granted the council’s appeal to contest a Victorian Civil and Administrative Tribunal (VCAT) decision in July.
VCAT had set a trial date of 7 November.
The council had argued that VCAT has no jurisdiction to hear the dispute because the lease agreement between the two parties does not fall under the Retail Leases Act.
It is believed a finding that the centre’s lease was of a retail nature would have significant implications for leases signed with other community centres.
Master Evans’ decision means the VCAT trial will now not happen.
No Supreme Court trial date has yet been set to hear the dispute.
In a prepared statement, Brimbank CEO Marilyn Duncan said the council would request a hearing be “held as soon as is practicable so the matter can be resolved for the benefit of the many community members who use the centre”.
Westvale committee of management chairman Robert Mammarella said he was disappointed by the Supreme Court’s decision.
“The council sought leave to try to appeal the VCAT decision and jurisdiction, but as far as we are concerned it is a blatant move to drag the dispute out and financially muscle us out,” Mr Mammarella said.
“The council showed up with a QC, a barrister and solicitor,” he said.
“We believe it would have cost the council $30,000 to $40,000.”
The council has refused to divulge how much money the legal action against Westvale has cost and what they are willing to spend on further legal action.
“No wonder the council won’t say how much they are spending because it is a disgrace,” Mr Mammarella said.
Mr Mammarella has previously claimed the council wants to sell the centre, an adjacent vegetable garden, and Cyril Clements Reserve to build lowrise, highdensity apartments. But Brimbank deputy mayor Ian Douglas has denied Mr Mammeralla’s allegation, promising the reserve would remain as open space.
The centre has been forced to cut costs by closing its childcare facility but is continuing with a large number of services including computer classes, yoga, meditation and gardening courses, Mr Mammarella said.
The council has been attempting to evict Westvale’s committee of management since May.
