Wangaratta Council after costs on Ned Kelly Centre stop work bid

The bushranger's great-grandniece Joanne Griffiths wanted injunctions to halt construction of the hub, which features a viewing tower, as well as the erection of a new bridge over the nearby train line as part of the Inland Rail project.

Via her registered charity, the Ned Kelly Centre, Ms Griffiths took the council, Australian Rail Track Corporation and Heritage Victoria to argue the works were contrary to the Heritage Act and the Charter of Human Rights and Responsibilities Act.

However, Justice Melinda Richards this week dismissed the application.

She said claims that Kelly descendants were a distinctive cultural group which treats the siege precinct as "commemorative in nature, having spiritual and sacred significance" and that "charred timber cladding of the new visitor centre is distressing and offensive to that group" as "no more than assertions".

"Ms Griffiths is certainly passionate and determined in her efforts to protect and preserve Kelly related cultural heritage, but her affidavits told me nothing about any cultural practices she shares with other descendants of the Kelly family," Justice Richards said.

The Ned Kelly Centre argued unsuccessfully that planning permits for the centre and bridge were invalid due to jurisdictional matters.

Evidence was presented if stop work orders had been granted there would be big costs, given works were advanced with both projects.

Council chief executive Brendan McGrath told the court the city would incur a one-off cost of $393,368 and weekly expenses of $18,350 and have to postpone next month's planned opening of the visitor centre.

ARTC manager Ed Walker said an injunction would have resulted in a planned shutdown of the rail area from September 23 to 25 to be delayed by at least six months costing around $900,000.

Judge Richards also noted a delay would further inconvenience Glenrowan motorists who already have only a single-lane bridge while works occur.

"It would be of particular concern for the delay to continue over summer, given that the railway line separates Glenrowan's emergency services from its main residential area," she said.

Ms Griffiths said on Friday July 28 she was "disappointed" by the court decision and planned to appeal it.

Responding to the judge questioning her delaying court action until June this year, Ms Griffiths said it took her sometime to find pro bono legal assistance and she had warned the other parties of her planned action before groundworks began.

"People don't want to see a big black tower and huge humongous bridge," Ms Griffiths, who wanted a 700-metre railway tunnel built instead, said.

Wangaratta mayor Dean Rees said the council was pleased with the finding, but noted there may be an appeal.

He confirmed the council would continue to push for costs from the Ned Kelly Centre, saying around $30,000 had been outlaid.

"It cost ratepayers money to defend a situation that we feel we didn't need to enter into," Cr Rees said.

The ARTC also has spent more than $100,000 on legal bills and will continue to seek recompense.

"Despite the comprehensive rejection by the court of the Ned Kelly Centre's application for injunctive relief, the Ned Kelly Centre seems intent on pursuing the matter further in court," an ARTC spokesman said.

"In that event, ARTC will continue to defend the matter in reliance on the permit granted to it to carry out the works under the Heritage Act and its lawful compliance with that permit and its conditions."

Judge Richards said the Ned Kelly Centre would have to persuade her to depart from the usual process of an unsuccessful party paying for the costs of successful parties.

A submission will need to be filed by Monday July 31.

Ms Griffiths said she could not comment on the matter of costs.

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