This article is from the Australian Property Journal archive
THE Peet & Co Casey Land Syndicate has been dragged into a class action launched by residents of the Brookland Greens estate, dubbed Melbourne's methane gas estate.
In late 2008 a group of residents represented by Slater & Gordon commenced action in the Supreme Court of Victoria against the City of Casey in relation to methane gas emissions from the Council’s disused landfill site adjoining the estate.
The Council then joined its manager of the landfill site, SITA Australia and various other parties as third parties to the proceeding. Upon the application of SITA, the syndicate and six other parties were joined to the proceeding, bringing to 12 the total number of parties joined.
Last week, lawyers Slater & Gordon obtained leave to file and serve an amended statement of claim which would include a claim against the syndicate.
And the Council, SITA and two other parties involved in the litigation, the Environment Protection Authority and LMS Generation, have also obtained leave to file and serve statements of claim against the syndicate.
Peet, which is the project manager of the Estate, said the syndicate denies any liability and will vigorously defend all claims.
The court ordered mediation process which commenced on 3 May 2010 last resumed on 28 September 2010 and resulted in the mediator encouraging the parties on 8 October 2010 to continue their discussions even though he had informed the court that the mediation had not to date been successful in resolving the matter.
Peet’s CEO Brendan Gore said it was very disappointing that the parties had not to date been able to resolve the matter in mediation, and that the subsequent claims brought by the residents, and any further claims brought by other parties against the syndicate, would be vigorously defended.
“The syndicate considers the claim against it misdirected and should not draw attention away from the critical issues which are the migration of gas and management of the landfill site, which has been disused for some years,” he concluded.
Australian Property Journal
