Two legal challenges to Victoria’s lockdown during the height of the second wave of coronavirus outbreaks are “pointless” and should be thrown out, a court heard.
Keilor Park restaurant 5 Boroughs and a retired employee Jordan Roberts lead the two class action lawsuits.
They claim they must be compensated for “foreseeable” losses as the coronavirus leaked from the hotel’s quarantine, leading to the lengthy lockdown, according to court documents.
Roberts’ lawyer John Richards QC said Prime Minister Daniel Andrews said there was “clear a flaw” in the operation of the hotel’s quarantine program.
“We ask your honor to keep that in mind when it comes to the general duty of care and its violation, in this case we have the Prime Minister saying there was clearly an error in the operation of the program,” said Mr. Richards. the court.
He called it a “negligent failure.”
But government attorney Rachel Doyle QC told the Supreme Court during a lawsuit to dismiss the class actions that any chance of success was “useless.”
“It is our submission that the answer is that there is no real chance of success and it would be pointless to continue,” she said.
She argued that the lawsuits should be thrown out of court and labeled the legal arguments for both cases “disjointed”.
She said the class actions could not identify details related to the claims.
Dismissed employee Jordan Roberts, 21, claims he suffered a “psychiatric injury” from losing his job during the lockdown.
The restaurant says it has suffered an economic loss as a result of the lockdown.
The legal battle continues before Judge John Dixon.
It comes as the state is in no time at all to hit its seven-day “circuit breaker” lockdown following a Covid outbreak in Melbourne that has infected 60 people so far.