Details of Julian Gerner’s lockdown court battle emerge
A top Melbourne hospitality figure pushing for Victoria’s tough lockdown restrictions to be ruled “invalid” has revealed the shocking impact the rules are having on his business.
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Hotelier Julian Gerner has claimed his successful Mornington Peninsula restaurant’s monthly sales dropped from $250,000 to just $25,000 due to the coronavirus lockdown.
In a writ filed in the High Court of Australia on Monday, Mr Gerner claims his $2 million a year business has suffered dramatically as a result of the state government’s stay at home directions.
The former director of the Melbourne Pub Group is seeking a declaration the restrictions are “invalid”.
Court documents state Morgan’s restaurant and bar in Sorrento was forced to close its doors and cease normal trading on March 23 this year.
The writ claims the “highly seasonal” businesses generated approximately $250,000 in revenue in April 2019.
In 2020, that figure was just $25,000.
Mr Gerner, who states he has never contracted coronavirus or been a close contact of someone who had, said as a result of the lengthy closures, his business “had and continues to suffer detriment in that it cannot earn income from its usual conduct,” the writ states.
The Sorrento resident is the latest business owner to launch legal action, challenging the validity of the Chief Health Officer’s stay at home directions.
Last month, cafe owner Michelle Loielo launched a challenge in the Supreme Court to the state’s evening curfew.
The curfew, which was abandoned by the government in late September, violated her human rights and was a “step too far”, Ms Loielo claimed.
Mr Gerner said the lockdown restrictions, in particular the need for essential workers permits and 5km travel limit, burdened his constitutional right to implied freedom of movement.
The writ alleges the restrictions “have no legitimate purpose” and are incompatible with his constitutional rights and not reasonably appropriate.
Mr Gerner, who has engaged leading barristers, Bret Walker SC and Michael Whyles QC, is also seeking costs associated with his legal fight.
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