Legal dispute threatens Aussie Open
The Australian Open faces another major disruption, with the owners of 36 penthouse apartments in The Westin Melbourne in Australia threatening to launch a legal challenge against a plan by Tennis Australia to use the exclusive hotel to quarantine hundreds of players.
The apartment owners, some of whom live permanently in the Collins Street hotel, claim the influx of tennis players from around the globe poses an unacceptable health risk to them and the broader community.
Hotel management has been accused of failing to properly consult the owners, who are now considering an application to the Supreme Court for a last-minute injunction.
With players expected to arrive from January 15, the legal stoush has the potential to derail months of negotiations between health authorities and Tennis
Australia to reschedule the prized event to begin on February 8.
Under the plan, all international players will be required to quarantine for 14 days at the Westin but will be permitted to leave the hotel for one daily block of five hours for practice and treatment.
During quarantine, they will be tested for Covid-19 at least five times and will be supervised while practising at Melbourne Park.
The Andrews state government signed off on the deal on December 18 but apartment owners were notified by email only on December 23. They insist they never agreed to the plan, despite holding legal rights to about 30 per cent of some common areas within the hotel.
Several influential corporate figures own private apartments in the building, including prominent businessman Tony Schiavello, Andrew Bertocchi from the smallgoods empire, and property developer David Marriner, who built the Westin in 2000.
Retired investment manager Mark Nicholson said he was astounded by the lack of consultation, after learning, two days before Christmas, of the plan to use the hotel as a quarantine facility .
‘‘It’s incredibly arrogant to ambush us this way as if it’s a done deal. There are substantive public health and legal issues that have not even been examined,’’ he said.
Nicholson, who has owned an apartment in the Westin building for more 15 years, backed a bid by the owners’ corporation to consider all legal avenues, including a Supreme Court injunction.
He said the dispute could not be resolved with a financial settlement to the owners, before urging the Andrews government and Tennis Australia to ‘‘take a step back’’ and find an alternative venue to quarantine players.
‘‘If we’re prepared to take this very substantial risk by hosting the Australian Open, then it needs to be done in the safest way possible and you obviously wouldn’t be picking a hotel that is integrated with residential apartments. It’s not like it’s the only hotel in Melbourne,’’ Nicholson said.
Hotelier Digby Lewis, who has owned a penthouse in the Westin since 2002, accused authorities of endangering public health by proceeding with the tournament.
‘‘At 84, I’m in the vulnerable group and it’s shocking the way they tried to ram this through without any attempt to consult with us. I’m more than happy to toss in $10,000 or $20,000 to help the legal fight; it’s bloody shocking,’’ Lewis said.
On December 31, lawyers acting for the owners’ corporation notified the hotel’s general manager, Stephen Ferringo, of its concerns and requested the quarantine agreement and any emergency management plan relating to the proposal.
Lawyer Graeme Efron said he had instructions from the owners to seek an injunction in the Supreme Court or the Victorian Civil and Administrative Tribunal if the hotel failed to respond to the request.