EXCLUSIVE
Brimbank council spent nearly $280,000 over two and a half years in an unsuccessful bid to have a Sunshine dog put down.
Figures uncovered under a freedom of information request found the council had spent $152,928.32 in legal fees and was forced by the Supreme Court in January to pay a further $99,800 to cover the court costs of Mylo’s owner Jessica Gray.
The council believed the dog, which was found wandering unregistered in May 2012, was a pit bull terrier and should be put down.
However, that decision was eventually overturned in December last year after a number of Victorian Civil and Administrative Tribunal [VCAT] hearings and Supreme Court appeals.
The council also spent $26,097.50 housing Mylo at the Lost Dogs Home from May 2012 until December 2014.
The total is believed to exceed the “more than $200,000” that Monash council spent in legal costs after it picked up unregistered dog ‘Kerser’ in December, 2012, and declared it a pit bull. VCAT eventually ruled in December last year Kerser was not a restricted breed.
Brimbank council has told the current parliamentary inquiry into the Legislative and Regulatory Framework for Restricted Breed Dogs that the approved standard of restricted breeds is not clear.
Council’s city development director, Stuart Menzies, said the council’s large legal bill was a reminder for all pet owners to be responsible.
“A failure to do so can cost council and the community,” he said.
“This case has cost the Brimbank ratepayers $228,866 – costs which could have been avoided if the owner of the dog found wandering and unregistered had done the right thing.
“These costs incurred by council related to reviews [appeals] against shortcomings in VCAT decisions council was obliged by legal convention to defend.”
Brimbank council was reimbursed $50,000 through the Appeals Costs Act 1998.
