by Cam Lucadou-Wells
I Cook Foods has announced it will launch “malicious prosecution” claims against Greater Dandenong Council officers – a day after dropping a civil case against Greater Dandenong Council.
After all-day mediation between the parties on 25 July, the original civil case was dismissed by the Victorian Supreme Court, the council stated.
“We are pleased to confirm that I Cook Foods has dropped its case against Council, Greater Dandenong chief executive Jacqui Weatherill stated.
“The fact that the claims were dropped shows that there was no substance to any of the claims made against Council and its officers.
“Nothing was paid by Council to I Cook Foods. Both I Cook Foods and Council have agreed to pay their own legal costs.”
However, ICF owner Ian Cook said the council should not have publicised the terms of the confidential “settlement”.
“That puts them at a contempt of court if they’re giving all of the details.
“All of the allegations are true. This is not over by a long shot.”
In response, Greater Dandenong CEO Ms Weatherill denied that there was a confidential settlement.
Public orders were made, the matter was resolved and no monies were paid, she stated.
In a statement, Mr Cook said: “Once again Council has stuffed up, this time with their legal case and their press release.
“I Cook settled with Council yesterday IN THIS CASE ONLY.”
ICF would launch a new civil case against the council for “malicious prosecution”, Mr Cook said.
He intended to call Greater Dandenong former chief executive John Bennie, Greater Dandenong Council’s public health coordinator Leanne Johnson and environmental health officer Elizabeth Garlick as witnesses.
“And personally I can’t wait for cross-examination.
“It’s extraordinary how foolish this council has acted right from the start and this is just another example.”
ICF is continuing to sue the State of Victoria over then-Deputy Chief Health Officer Brett Sutton’s shutdown of its commercial kitchen in early 2019.
Professor Sutton has been listed as a witness for the State.
Mr Cook, fellow ICF directors Ben Cook and Michael Cook and administrator Leisha Hodges will give evidence for ICF, as well as ‘whistleblowers’ Greater Dandenong ex-food inspector Kim Rogerson and Knox health inspector Ray Christy.
The Dandenong South commercial kitchen argues it was shut wrongfully as part of an investigation by health authorities into a hospital patient’s death in 2019.
The matter has been the subject of police and Parliamentary investigations.
No charges have been laid.
A directions hearing is scheduled at the Supreme Court on 26 July, with a trial date set for 31 July.
