Greater Dandenong Council has appealed a court’s rejection of its bid to throw out I Cook Food’s ‘Slug Gate’ case.
However, ICF director Ian Cook, who is sueing the council for alleged malicious prosecution, labelled the appeal as like a “gambler chasing their losses”.
“This council has already blown at least $3 million of ratepayers’ money trying to beat me in court and they have lost.”
Greater Dandenong argues that the latest ICF lawsuit is an “abuse of process” and “waste of public resources” – after ICF and the council reached an out-of-court settlement for a previous lawsuit last year.
“It is unreasonable and oppressive to subject people to repeated and protracted litigation
on the same matter,” council acting chief executive Sanjay Manivasagasivam said.
“We maintain that this matter was determined and dismissed by the Supreme Court back in 2022.”
The council didn’t comment on the amount of legal costs involved.
A week earlier, Cook had written to Greater Dandenong councillors offering a “without prejudice discussion” of the lawsuit evidence and to resolve the matter out-of-court.
None had taken up the offer, he said.
“How much more money does this council have to lose before they come to their senses?
“No-one voted for this CEO and no-one voted for this private law firm. The elected councillors need to take control of this out-of-control situation.”
Cr Rhonda Garad said it was inappropriate to meet Cook while the matter was “subject to a legal process”.
“For councillors to interfere in an ongoing legal process is highly inappropiate. We really need to allow due process to proceed – that’s the fairest thing for everyone.”
In a ruling on 27 August, the Victorian Supreme Court dismissed the council’s application and ordered the council to pay Cook and ICF’s costs.
Assoc Justice Caroline Gulden said she accepted that ICF settled the earlier case to preserve his “scarce financial resources” for its lawsuit against the State of Victoria.
“I do not consider that such a decision involves any underhanded or improper use of court resources, or in itself causes improper oppression to the present defendants.”
The judge ruled there was “no unjustifiable oppression” and there was no evidence of a “deliberate abuse of process” by ICF and Cook.
The council filed its appeal on 10 September, arguing that Assoc Justice Gulden’s judgement was in error on five grounds.
Greater Dandenong will also seek for costs to be found against Cook and ICF.
The Dandenong South commercial caterer was shut down by health authorities as part of an investigation into a listeria-infected patient’s death at Knox Private Hospital in 2019.
In its lawsuit, it alleges malicious prosecution by the council and two officers Leanne Johnson and Elizabeth Garlick in charging ICF and Cook with 96 food-safety offences that were later withdrawn.
It also alleges public misfeasance against the council and officers in their inspections of ICF and ensuing prosecutions.
Among its claims are that inspector body-cam footage was altered and that a slug was planted in the factory by an inspector.
“There have been no findings against Council of any wrong-doing,” Manivasagasivam said.
“The Council officers named in this action acted in the interests of public health and discharged their duties responsibly at all times.”
