Andrews government requests pause on class action

Lawyers for The Andrews government are requesting a pause on the hotel quarantine class action until after the findings of the Coate inquiry have been released.

The class action is being led by Anthony Ferrara, owner of 5 Districts NY restaurant in Keilor Park. 

Mr Park claims the reduction in his business was directly related to stage three and four restrictions. This class action could see former health minister Jenny Mikakos and Jobs Minister Martin Pakula in court. The plaintiff alleges Mikakos and Pakula had bungled the hotel quarantine program and this led to devastating restrictions imposed on Victorian businesses. 

In a writ filed in August, Mr Ferrara said, "Victorian businesses don't need charity or kind thoughts from politicians. 

"We need certainty and we need it soon. Our situation is not our doing. We are calling to account those who put us in this dire position." 

Genomic testing has shown that majority of COVID-19 cases during Victoria's second wave could be traced back to infected security guards at two of Melbourne’s quarantine hotels.

Adam Hochroth, the barrister for the plaintiffs said it was inadequate that the Andrews government had only briefed lawyers a few days before the case was due to go to court. 

Barrister for the Victorian government Liam Brown pointed to several factors, including the Coate inquiry, the uncertainty of other ongoing class actions and pandemic-related challenges for an appropriate delay.

Justice John Dixon, who is presiding over the matter, warned that both parties should not proceed with a combative approach.

"If the parties … each take a big position up on the hill looking across the valley to the others with buckets of stones to throw at each other, then I will take different measures to ensure that the proceeding is effectively brought to one where the parties are co-operating," Justice Dixon said. 

Justice Dixon said certain aspects of the case were similar to the running of the bushfire class action and could be run together if they turn on a similar legal question.

The plaintiffs’ statement of claim will be filed by 20 November.

A second case management conference will be held in court on 11 December.