On 1st June 2017, Shine Lawyers secured a confidential settlement for the residents of a Gold Coast community affected by losses caused by the release of gas and leachate into and around their homes. Shine Lawyers launched the representative action in June 2013 in relation to the release of gas and leachate from the Suntown Landfill into adjacent properties.
The class action
The action sought to recover the financial losses suffered by property owners, specifically the devaluation of their properties, which were alleged to have resulted from the escaping gases. "The settlement has been approved by the court and has delivered a sense of closure to residents after four years of litigation," said Shine Lawyers National Special Counsel in Class Actions Jan Saddler. "The residents are happy and content that the matter has now resolved." In April 2014, the Supreme Court of Queensland delivered a landmark decision when it allowed the representative action, the first of its kind, to proceed through Queensland state court jurisdiction.
Who was impacted?
An entire community on Queensland’s Gold Coast has been affected by the Gold Coast City Council’s failure to protect the homes of local residents. Families living near the rubbish dump known as the Suntown Tip Landfill entered a class action with Shine Lawyers to claim the losses caused to the value of their homes.
The class action was started on behalf of a group of residents living in the Arundel Hills Estate. The action includes people seeking compensation from the Gold Coast City Council for losses caused by the release of landfill gas and leachate into and around their homes.
Shine Lawyers - Class action experts
With local branches on the Gold Coast we understand the local community and are already doing everything we can to help get these families the outcomes they need. It can sometimes be hard to ask for legal help because the process can seem confronting and confusing. We make law easy and walk you through every step of the way so you can regain control of the situation.
If you or someone you know lives in the affected area, get in touch with your local branch today. A member of our legal staff will be available to discuss your concerns and explain your available options under the law.
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Common questions about Arundel Suntown Tip class action
In September 2009 it became public knowledge that landfill gas and leachate from the Suntown Landfill Tip was leaking into the nearby Arundel Hills Estate. Shine Lawyers has started a legal action against the Gold Coast City Council on behalf of a group of residents of the Estate to recover financial losses (loss to the value of their home) suffered as a result.
Landfill gas and leachate is recognised as potentially dangerous to the environment.
To most Australians our home is our number one asset. So you can imagine that any devaluation to your home could cause you large amounts of stress and financial concern. If you know of anyone having similar worries you should tell them to give us a call and see if we can help.
The class action involves residents living on a few streets within the Arundel Hills Estate, on the Queensland’s Gold Coast.
We have expert evidence that suggests the value of properties on the following streets may have been affected:
- Petworth Court
- Arun Drive (part of)
- Avisford Court
- Goodward Way
- Selsey Court
- Parham Court (part of)
- Midhurst Court (part of)
Shine Lawyers can help you to understand whether you may have a potential claim or whether you could be part of this class action. Even if you’re not sure, give us a call and we’re happy to have a chat and see if we can help you.
The class action is based on the Gold Coast City Council’s failure to properly design, operate or control the Suntown Landfill Tip. We believe they had a legal duty to do this in order to stop the release of landfill gas and leachate into the Estate. Had they have taken this responsibility more seriously, people may not have been hurt financially.
We also say that the Council was aware (or should have been aware) of the problems, yet it still allowed the developer to begin construction of the Estate. In this way the Council failed to stop the development or enforce reasonable conditions on the developer to protect future residents.
Homes in the affected zone are selling at below market value, or not at all. This is not fair on homeowners, so we want to help them make it right.
If you’re in the affected area you could claim various losses, including the lower value of your home due to the leaking landfill gas and leachate into the Estate. We believe that that the value of homes within the affected zone listed above has been lowered by factors including:
- Health and other risks associated with living with landfill gas and leachate
- Having monitoring devices setup in homes and in streets
- Closeness to the landfill boundary
- Intense media coverage
- Interference with your right to use and enjoy your property
- Wider risks associated with landfill gas
Shine Lawyers work on a No Win No Fee basis so you will only pay our fees if you win your case, at the end of the claim. There’s no catch and we won’t surprise you with any hidden costs.
The legal costs at the end will depend on the amount of work required to resolve your claim. We’ll always be open and upfront with you because we’re real people, not robots.
Shine Lawyers have offices in the following locations.
New South Wales
- Gold Coast
- Hervey Bay
- North Lakes
- Stones Corner
- Sunshine Coast
Shine Lawyers have expert No Win No Fee lawyers that can help you determine your rights. Our class action experts have helped people throughout the country get the compensation they need to move on with their life. The below links contain further information regarding your legal options.
Shine Lawyers also have accredited specialists in personal injury law in:
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