Residents Against the Tunnel: Murphy v East West Toll Supreme Court Verdict

This morning the judge handed down his decision in relation to the ‘separate questions‘ that he had previously ordered be the matters to be considered first in relation to the allegations of misleading conduct about the East West Link business case.  These separate questions were:

1. Was the conduct engaged in by the State Government and Linking Melbourne Authority part of the carrying on of a business (as defined in the Australian Consumer Law and Fair Trading Act 2012 (VIC))?

2. Was the conduct engaged in by the State Government and Linking Melbourne Authority part of trade or commerce?

3. Should an injunction be granted?

The judge ruled against us in each question, in other words, the answer to all three questions is ‘No”.

Here is what we had to say about it:

We will need to consider the decision to understand its implications, but naturally are disappointed the opportunity to have independent scrutiny of the alleged benefits of this project has not happened yet. We’ll be leaving all decisions about an appeal to Tony Murphy and his legal team. But from the community perspective this particular decision is only one step in the longer journey, and community opposition to this project will continue. Continue Reading…