Hotelier Julian Gerner’s coronavirus lockdown challenge rushed to High Court
A hotelier’s challenge to Victoria’s lockdown has been rushed to the nation’s highest court, with a hearing set down next month.
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A Victorian hotelier’s bid to challenge to the state’s coronavirus lockdown policy has been rushed to the nation’s highest court.
Mornington Peninsula restaurant owner Julian Gerner is challenging the lockdown conditions including the now defunct 5km travel restriction, stay at home orders and essential worker permits.
“This recognises its importance to the people of Victoria, who are currently enduring the curtailment of their basic freedoms and suffering greatly during this horrendous lockdown,” Mr Gerner said in a statement on Tuesday.
The expedited hearing has been set down for November 6.
He claims the lockdown violates an implied right to freedom of movement in the Constitution.
The owner of Morgan’s Sorrento restaurant and bar said his mental health and business suffered under the measures the Andrews government brought in to tackle the virus.
The $250,000 his restaurant made in April 2019 dived to just $25,000 in April this year, according to a writ filed in the High Court.
Victoria’s Solicitor-General Kristen Walker QC told the High Court last week the government was still deciding if it would file a defence, demur, or do both.
A demurrer is a type of objection to the other party’s case that does not dispute the facts of the matter but says their legal argument cannot hold.
Victoria recorded one new case of COVID-19 and no deaths on Tuesday.
Originally published as Hotelier Julian Gerner’s coronavirus lockdown challenge rushed to High Court