In a judgment handed down this morning, Rush J of the Supreme Court of Victoria ordered, amongst other things, that the appeal be allowed; the VCAT order be set aside; the matter be remitted to the Tribunal, differently constituted, to be heard and decided afresh; and that the City of Brimbank pay Mylo’s owner’s costs.
Panel counsel will appear for Mylo’s owner at the VCAT rehearing. The Panel extends its grateful thanks to Panel counsel who appeared on the appeal, namely, Richard Kendall QC and Andrew Felkel and to instructing solicitor, Alysha Tuziak of TurksLegal, solicitors of Melbourne.
Click HERE to read a copy of the judgment, which notes Mylo’s protracted legal history. Rush J also observed that the adverse findings of VCAT Senior Member Davis concerning the veterinarian expert witness called on behalf of Mylo’s owner were “without any basis in evidence” and that in light of that it was “inappropriate for me to refer this matter back to the senior member with directions”. : see para 59. The Court also found that the senior member’s reasons were inadequate and in light of that, that it was unnecessary to make any finding on the ground of appeal of apprehended bias. However, the Court noted that “ nevertheless it can be said that the criticisms made by the senior member of [ the veterinarian expert witness] could be interpreted as containing unjustified assumptions about the evidence he provided…”.