No decision

The merit of court appeals relating to demolition of buildings on the former Bonlac milk factory site in Warragul has been deferred until May 1.

Judge Gerard Mullaly considered submissions in Melbourne’s County Court on Thursday in relation to whether appeals lodged by property owners Warren and Diane Turner should be considered by the court.

But, Judge Mullaly said he was not in a position to make a decision on the day and the matter will return to court on May 1.

Magistrate Court orders directing Mr and Mrs Turner to demolish all buildings on the Queen St site have been put on hold pending appeals they have lodged with the County Court.

Judge Mullaly said he had to consider whether the appeals, that related to the original Magistrates’ Court order of 2014, should be considered by the County Court and what the exceptional circumstances were surrounding the appeal aplication.

In October last year, magistrate Fiona Hayes gave the Turners until February 28 this year to complete stage one works of the demolition schedule and May 31 to complete stage two weeks.

An affidavit signed by Mr Turner and presented to the court on Thursday said his previous barrister Wendy Duncan indicated an appeal could be lodged outside the “appeal period.”

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