Lawyers appearing for Victoria’s Department of Health have defended a call to shutter a catering firm over an allegedly contaminated sandwich.
I Cook Foods Pty Ltd founder Ian Cook is suing Victoria’s Department of Health and Human Services for $50m, claiming his business was destroyed by the compelled closure in February 2019.
Victoria’s then appearing chief well being officer Brett Sutton ordered the business to quickly shut on February 21 amid fears of a listeria outbreak after the demise of an aged Knox Private Hospital affected person on February 4.
I Cook Foods provided meals to the hospital.
In his order, Dr Sutton mentioned he couldn’t be assured that the business’s kitchen was appropriate for meals manufacturing.
Over a month-long trial earlier than the Victorian Supreme Court, Mr Cook has claimed Dr Sutton couldn’t have been glad to the requisite commonplace there was a threat posed by his business.
It’s claimed Dr Sutton had already determined to shut the kitchen earlier than all testing outcomes had been acquired.
It’s alleged Dr Sutton acted with “reckless indifference”, denying Mr Cook procedural equity and the correct to answer issues.
Mr Cook’s counsel, Marcus Clarke KC, has beforehand instructed the court docket that the order “destroyed” his consumer’s business and led to tens of millions of {dollars} in losses.
Delivering his closing remarks on Thursday, counsel appearing for the Health Department, Christopher Caleo KC, argued there was no proper for procedural equity, and if there was, the “urgency” of the choice restricted that proper.
He argued the proof indicated Dr Sutton had “carefully” addressed his statutory obligation and was glad I Cook Foods’ meals have been more likely to threat bodily hurt if he didn’t act.
“Dr Sutton gave, we say, very cogent evidence why he could be, and indeed was, satisfied,” he mentioned.
The court docket was instructed Dr Sutton was “devastated” in making the order, realizing the impression it could have on the business.
Mr Caleo argued there was no obligation to supply Mr Cook an opportunity to answer issues, saying the choice was to permit doubtlessly contaminated meals to be produced and distributed.
He instructed the court docket that earlier than February 21 Mr Cook, his son and co-owner Ben Cook, or each knew a affected person had turn out to be sick, constructive samples had been taken and council officers had ordered steps be taken to treatment sanitary points.
“In those circumstances what obligation existed on the part of Dr Sutton,” Mr Caleo mentioned.
“During evidence the only matter to which reference was made on more than one occasion was their desire to have a copy of the lab reports, one must ask why?
“They’d been told not only that it was listeria, but that it was listeria monocytogenes.”
The court docket was instructed the micro organism that causes listeria infections, listeria monocytogenes, was detected in six of seven meals samples taken from the premises on February 18.
I Cook Foods, which had operated for 35 years, held contracts with Meals on Wheels and hospitals that have been cancelled after the well being order was made.
The court docket was instructed Dandenong City officers had already ordered the business to take steps to treatment what it deemed an unsanitary and unclean office, however the council’s chief government was not ready to make a closure order.
The long-running authorized combat was dubbed “Slug Gate” within the media over allegations a well being inspector planted a backyard slug in I Cook Foods’ kitchen in early 2019.
Dandenong City was initially additionally named as a defendant within the declare, however the matter was settled outdoors of court docket earlier than the trial started on August 2.
The trial, earlier than Justice Michael McDonald, will hear closing arguments from Mr Clarke on Friday.
Originally printed as ‘Slug gate’: Health Department defends I Cook Foods closure
Source: www.dailytelegraph.com.au
