Housing tower residents given more time to reframe case against Victorian Government
A judge has given public housing tower residents more time to reframe their case against the Victorian government.
Resident Barry Berih launched the class action earlier this year, arguing the government went against legislation when it decided to demolish the Melbourne high-rise towers.
All 44 of the city’s public housing towers are set to be redeveloped by 2051, with five in Flemington, North Melbourne and Carlton expected to be replaced by 2031.
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Supreme Court Justice Melinda Richards on May 3 dismissed Mr Berih’s claim, finding it had no reasonable prospect of success.
But she gave his lawyers until Friday to reformulate their case, noting it was appropriate for Homes Victoria to be the only defendant.
During Friday’s case management hearing, Justice Richards expressed concern over the attempts to reframe the class action.
The claim still contained statements that had been ruled against, and the state and housing minister were inexplicably still listed as defendants, Justice Richards noted.
Mr Berih’s barrister Leigh Howard apologised to the court and accepted there were still changes that could be made.
He accepted Homes Victoria was the body to make the decision on the demolition, but argued the minister should remain a party in the proceedings.
Justice Richards disagreed, noting there was no indication the minister had used her direction-making power in this case.
“I’m not sure you can rope the minister into the proceeding on the basis she might exercise that power in the future,” the judge told the court.
She gave Mr Howard another month to reframe the case, ordering he provide a copy to the defendants for comment before the next court date on July 5.
The trial was originally listed to start on July 22 but Justice Richards vacated that date.
The earliest a fresh trial could be heard was October, she said.
