A Melbourne woman fighting to keep her dog from being destroyed has been won a reprieve in the courts.
The Victorian Supreme Court has agreed to hear an appeal against a local city council's declaration that the dog is a dangerous breed and should be put down down.
In December, the 10-month-old dog Kerser escaped from his new home into the neighbours' backyard.
Owner Jade Applebee had only lived in the house for a few days and had not registered the dog with the Monash City Council.
The council declared the dog was an American Pitbull and ordered the dog to be destroyed.
Under Victorian dangerous dog laws, restricted breeds, such as pitbulls, have to be registered and must adhere to strict housing conditions.
For the past nine months the dog has been kept at the RSPCA kennels in Burwood, as Ms Applebee took her fight to the courts.
In March, the Victorian Civil and Administrative Tribunal upheld the decision that the dog was a pitbull.
Ms Applebee then lost her first bid to take the case to the Supreme Court, but today that decision was overturned.
Outside court, Ms Applebee, burst into tears and said she still holds out hope of getting her dog back.
"That is where the main focus will be now to actually get the appeal," she said.
She said Kerser is worth the fight.
The case will be heard in October.