Supreme Court brumby case: Shooting decision not 'a popularity contest'

The decision to change its approach to controlling growing feral horse numbers in the Alpine National Park, in particular in the Bogong High Plains, was conveyed to the community through a media release on May 8 after a Federal Court Justice ruled in favour of the state-body to continue their brumby cull.

Lawyer Jason Pizer argued for the state-body in the Supreme Court of Victoria case on Tuesday, brought by Omeo cattleman Philip Maguire, a initial community consultation report showed a majority of those who made their views clear supported the shooting of the horses.

This report was done before the Feral Horse Strategic Action Plan 2018-2021 was adopted in December 2018 when trapping and re-homing was the accepted method.

"There is a flaw in the plaintiff's submission that there isn't anything that the plaintiff can say that hasn't already been said that has been captured by Parks Victoria in the engagement report," he said.

"Parks Victoria doesn't make decisions on a popularity contest - it makes decisions on the for and against.

"The fact that shooting wasn't part of the initial plan shows this - despite the high level of support."

Shooting of the brumbies was "highly controversial" and people should have been told if it was being considered, Mr Maguire's lawyer Angel Aleksov said.

His client wasn't involved with the initial consultation because shooting horses was "off the table".

Mr Pizer said the populations of brumbies in the Bogong High Plains were to be removed as part of the 2018 action plan and a loss of amenity claim isn't valid now the technique has changed.

"Any loss of amenity has its foundation in the removal of horses from the Bogong Plains area, the manner in which they are removed, by trapping or shooting or any other method of control, is irrelevant," he said.

A GoFundMe page has raised more than $75,000 to support Mr Maguire.

Justice Steven Moore adjourned his decision until 2.15pm on Friday.