A landmark decision has been delivered by the Supreme Court of Queensland today, allowing the first representative action to proceed through the Queensland state court jurisdiction.
With class actions usually dealt with by the Federal Court in Queensland, Justice McMurdo gave the green light for the Arundel tip class action against the Gold Coast City Council to continue in the Supreme Court.
Shine Lawyers launched the representative action in June 2013 on behalf of a group of Arundel residents, alleging that the Council’s negligent conduct in managing the Suntown Landfill had led to gas and leachate escaping into adjacent properties.
Gold Coast City Council lodged an application to strike out the representative action but today the court ruled in favour of the residents, allowing them to proceed as a group.
“The court’s decision will allow us to move forward in our efforts to get justice for Arundel residents and to pursue compensation for the devaluation of their properties,” Shine Lawyers principal Rebecca Jancauskas said.
“Our next step will be to call on the Council to respond to the community’s concern over the plans for the site and outline the actions they will take to address the issue of gas and leachate escaping into the estate.”
Local Arundel resident and lead plaintiff Helen Kinsella said today’s decision was a positive step forward in what has been a long process.
“This is a win for the people of Arundel,” said Ms Kinsella. “Now that we are over this hump, we can move forward as a group and ensure that everyone has the chance to receive justice and a fair hearing.”
Written by Rebecca Jancauskas
Written by Shine Lawyers. Last modified: September 26, 2018.