KERSER’S APPEAL CONCLUDES; JUDGEMENT RESERVED

After two days hearing, the appeal by Kerser’s owner, Jade Applebee, concluded late today. Judgement by Croucher J has been reserved. It will be known that that the appeal is from the decision of an Associate Justice of the Supreme Court of Victoria to refuse leave to appeal from the VCAT determination (affirming the declaration of the City of Monash that Kerser was a restricted breed dog). Panel Counsel Noel Magee QC and Anthony Klotz appeared for Jade Applebee. Further submissions in writing are to be made to the Court by the parties. Ordinarily, there are two steps to an appeal from a VCAT determination: first, an application for  leave to appeal before an Associate Justice and, if granted, second, the subsequent hearing of the appeal before a Supreme Court judge. The prospect exists that the Court will determine both the appeal and the leave to appeal application. This was the course urged by the Panel’s counsel, but resisted by the City of Monash. Pending judgement, the Panel is unable to make any further comment.

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