Stalled: Demolition of the former Camperdown Bonlac factory has been stalled by a court case. Picture: Angela MilnePLANS for further demolition work on theformer Camperdown Bonlac factory are in limbo following a court dispute between the site owner and the developer, Camperdown Dairy International (CDI).
The Weekly Times this week reporteda statement of claim had been lodged with the Supreme Court of Victoria last week byMary Bevilacqua and her company Aqueous Corporation Pty Ltd claiming that CDI and its director Bill McDonald had engaged in misleading and deceptive conduct.
Mrs Bevilacqua is linked to the Melbourne-based De Cicco Industries that bought the former Camperdown Bonlac factory in 2006 and rebadged it as theCamperdown Cheese Company.
In the statement of claim, Ms Bevilacqua and Aqueous asks thatCDI be restrained from further demolishing buildings on thesite without their consent, and dowaterproofing works to protect remaining buildings on the property.
Mr McDonald’s lawyer, Dale Cliff, of Mills Oakley, said Mrs Bevilacqua had not been misled “in any sense of the word” and the case was “a petty squabble.”
He told The Standard Mr McDonald did not know why the claim had been made to the court when he had already agreed not to do any works without Ms Bevilacqua’s permission.
Mr Cliff said Mrs Bevilacqua’s claims that her relationship with Mr McDonald deteriorated after she ended an extramartial affair with him were not relevant to the court action she was seeking.
Mrs Bevilacqua also expressed concern about the financial guarantees that Mr McDonald had given over their agreement for Mr McDonald to lease the Camperdown property before buying it after three years. She said the properties listed in the guarantees were not owned by Mr McDonald.
Mr Cliff said the three properties listed as Mr McDonald’s assets were in the name of his client’s wife but he controlled them.
The case is due to go the Victorian Supreme Court on Tuesday.
CDI wants to build a$120 million milk and nutritional powder plant on the site andbegan demolishingbuildings in February.
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