MARKET stallholders have won a stay in the Supreme Court to delay signing leases on a new wholesale market site at Epping.
The stallholders sought an injunction in May against the Melbourne Market Authority’s decision to move the market from Footscray to a new Epping site. But Supreme Court Justice James Elliott ruled to reject the store holders’ injunction on July 2.
The stallholders’ stay will allow them to seek an appeal on the decision up until July 19.
A move from Footscray to Epping would result in an increase in rent prices for stallholders.
The average rent for fruit and vegetable stands at the Footscray market was $385 per square metre a year, which will rise to $435 at Epping.
In his July 2 ruling, Justice Elliott said he was “not unsympathetic to the store holders’ position”.
But Justice Elliott said there was no proper basis upon which the injunction could be continued.
Minister for Major Projects David Hodgett said the lifting of the injunction would mean the market can open in late 2014.
Mr Hodgett said the legal action was caused by “a small group of market store holders” who were attempting to increase the “substantial subsidy” provided to operators who wished to relocate to Epping.
Market store holders are represented by Fresh State, which stands for over 90 per cent of the business owners.
Fresh State chief executive John Roach said his group represented a vast majority of stallholders, and many operators who were not part of Fresh State supported the action.
Mr Roach said it was a “forced relocation” that would drive people out of business.
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